Wentworth v. Rogers & Anor. [2004] NSWCA 109

Wentworth v. Rogers & Anor. [2004] NSWCA 109

The document tendered by Ms. Wentworth was plainly prepared in the course of, and as a result of, a court-ordered mediation session and therefore fell within s.110P(5) of the Supreme Court Act 1970. Section 110N did not create an implied exception to that exclusion, and the document did not satisfy the Court that the parties had consented to its admission or promised not to withdraw consent under s.110P(6)(a). Because the document was not admitted and was the substantial basis for seeking review or variation of the procedural orders, the Notice of Motion had to be dismissed.

Jurisdiction
Australia
Judgment Date
30 March 2004
Procedural Posture
Notice of Motion in Appeal / Application by Ms. Wentworth Seeking Vacation of Procedural Directions in the Appeal
Outcome
Notice of Motion dated 9 March 2004 dismissed with costs.
Legal Topics
['mediation Privilege' 'admissibility of Document Signed at Mediation' 'specific Performance of Alleged Mediation Agreement' 'finality of Settlement Agreement' 'variation or Vacation of Procedural Directions']
['alternative Dispute Resolution' 'evidence' 'civil Procedure' 'contract Law'] ['mediation Privilege' 'admissibility of Document Signed at Mediation' 'specific Performance of Alleged Mediation Agreement' 'finality of Settlement Agreement' 'variation or Vacation of Procedural Directions']

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Procedural Posture

Notice of Motion in Appeal / Application by Ms. Wentworth Seeking Vacation of Procedural Directions in the Appeal

Legal Issues

  1. 1 ['Whether a document signed at a court-ordered mediation was inadmissible under s.110P of the Supreme Court Act 1970.' 'Whether s.110N of the Supreme Court Act 1970 created an implied exception permitting admission of a mediation agreement document.' 'Whether the document itself expressed or implied consent to its admission in evidence under s.110P(6)(a).' 'Whether the appeal should be postponed pending determination of specific performance proceedings based on the alleged agreement.']

Ratio Decidendi

The document tendered by Ms. Wentworth was plainly prepared in the course of, and as a result of, a court-ordered mediation session and therefore fell within s.110P(5) of the Supreme Court Act 1970. Section 110N did not create an implied exception to that exclusion, and the document did not satisfy the Court that the parties had consented to its admission or promised not to withdraw consent under s.110P(6)(a). Because the document was not admitted and was the substantial basis for seeking review or variation of the procedural orders, the Notice of Motion had to be dismissed.

Court Disposition

Notice of Motion dated 9 March 2004 dismissed with costs.

Orders

  • ['Time for procedural steps in the appeal extended from 1 April to 15 April.' 'Notice of Motion dated 9 March 2004 is dismissed with costs.']