Cosco v Hutley [2017] NSWSC 1343

Cosco v Hutley [2017] NSWSC 1343

The defendant's concerns about being in the same space as the plaintiff could be adequately met by conducting the mediation so that counsel opened their clients' positions in the absence of their clients and neither party was required to sit with the other in the mediation room. The benefit of compulsory mediation therefore justified referring the proceedings to mediation.

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Defamation Proceedings / Procedural Directions, Including Security for Costs and Referral to Mediation
Outcome
Orders made as sought in the short minutes.
Legal Topics
['mediation' 'security for Costs' 'apprehended Personal Violence Orders' 'court Ordered Mediation']
['civil Procedure' 'defamation'] ['mediation' 'security for Costs' 'apprehended Personal Violence Orders' 'court Ordered Mediation']

Case Brief

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Procedural Posture

Defamation Proceedings / Procedural Directions, Including Security for Costs and Referral to Mediation

Legal Issues

  1. 1 ["Whether the proceedings should be referred to mediation despite the defendant's objection that she would be afraid to be in the same space as the plaintiff." "Whether arrangements for the conduct of the mediation could adequately address the defendant's concerns."]

Ratio Decidendi

The defendant's concerns about being in the same space as the plaintiff could be adequately met by conducting the mediation so that counsel opened their clients' positions in the absence of their clients and neither party was required to sit with the other in the mediation room. The benefit of compulsory mediation therefore justified referring the proceedings to mediation.

Court Disposition

Orders made as sought in the short minutes.

Orders

  • ["On or before 22 September 2017 the plaintiff provide security for the defendant's costs by paying into the Court the additional sum of $110,000 being security for costs up to the commencement of the hearing in these proceedings." 'The proceedings be stayed until security is paid into the court.' "The defendant...