Remuneration Planning Corp Pty Ltd v Fitton; Fitton v Costello [2001] NSWSC 1208

Remuneration Planning Corp Pty Ltd v Fitton; Fitton v Costello [2001] NSWSC 1208

Because the proceedings were embattled, most parties were ultimately agreeable to mediation, the only continuing opponent accepted mediation in one proceeding but not the other without a persuasive basis for that bifurcation, and there appeared to be a relationship between the parties that might affect settlement of both proceedings, it was appropriate to order mediation in each matter before the same mediator, leaving the order and manner of the mediations to the mediator's discretion.

Jurisdiction
Australia
Judgment Date
14 December 2001
Procedural Posture
Application for Order Referring Proceedings to Mediation / Notice of Motion Seeking Mediation and Expedition
Outcome
Mediation ordered.
Legal Topics
['supreme Court Procedure' 'court Ordered Mediation' 'power to Order Mediation Over Opposition of a Party']
['civil Procedure' 'equity'] ['supreme Court Procedure' 'court Ordered Mediation' 'power to Order Mediation Over Opposition of a Party']

Case Brief

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Procedural Posture

Application for Order Referring Proceedings to Mediation / Notice of Motion Seeking Mediation and Expedition

Legal Issues

  1. 1 ['Whether the Court should order the two proceedings to mediation.' 'Whether the power to order mediation should be exercised despite opposition or reluctance by a party.' "Whether mediation in both proceedings should be before the same mediator while leaving the order and manner of mediation to the mediator's discretion."]

Ratio Decidendi

Because the proceedings were embattled, most parties were ultimately agreeable to mediation, the only continuing opponent accepted mediation in one proceeding but not the other without a persuasive basis for that bifurcation, and there appeared to be a relationship between the parties that might affect settlement of both proceedings, it was appropriate to order mediation in each matter before the same mediator, leaving the order and manner of the mediations to the mediator's discretion.

Court Disposition

Mediation ordered.

Orders

  • ['Leave granted to the plaintiff to file in Court a notice of motion for expedition returnable instanter.' 'The motion for expedition is stood over to the Expedition Judge on 8 February 2002.' 'In each matter, orders made in accordance with short minutes initialled by the judge and placed with the papers.']