Cains & Anor v Wadiwel & Ors [2007] NSWSC 207

Cains & Anor v Wadiwel & Ors [2007] NSWSC 207

Because there had been no formal mediation and a formal mediator with expertise might resolve the matter or at least confine some issues, the proceedings should be referred for mediation despite the defendants' opposition.

Jurisdiction
Australia
Judgment Date
08 March 2007
Procedural Posture
Substantive Proceedings Concerning an Easement / Application by the Plaintiffs for Referral of the Proceedings for Mediation Before the Listed Hearing
Outcome
Proceedings referred for mediation.
Legal Topics
['mediation' 'easements' 'referral to Mediation Over Objection' 'supreme Court Practice']
['procedure' 'property Law'] ['mediation' 'easements' 'referral to Mediation Over Objection' 'supreme Court Practice']

Case Brief

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Procedural Posture

Substantive Proceedings Concerning an Easement / Application by the Plaintiffs for Referral of the Proceedings for Mediation Before the Listed Hearing

Legal Issues

  1. 1 ["Whether the proceedings should be referred for mediation notwithstanding the defendants' opposition." 'Whether prior informal negotiations or informal mediation made formal mediation unnecessary.']

Ratio Decidendi

Because there had been no formal mediation and a formal mediator with expertise might resolve the matter or at least confine some issues, the proceedings should be referred for mediation despite the defendants' opposition.

Court Disposition

Proceedings referred for mediation.

Orders

  • ['The proceedings are referred for mediation.' 'If the parties cannot agree on a mediator within seven days, the Joint Protocol described in Practice Note SC Gen 6 shall apply and the mediator shall be the person appointed under the Joint Protocol.' 'The mediator is to determine by whom the costs of the mediation...