Australian Competition and Consumer Commission v Westfield Shopping Centre Management Co (Qld) Pty Limited [2003] FCA 744

Australian Competition and Consumer Commission v Westfield Shopping Centre Management Co (Qld) Pty Limited [2003] FCA 744

Because quantum was part of, or sufficiently connected with, the proceedings for the purposes of s 53A, and because there was a real prospect that mediation could resolve or narrow issues including quantum and unconscionability, the Court ordered the parties to attend mediation of all issues in the proceedings.

Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Trade Practices Proceeding Including an Unconscionability Claim / Motion Concerning Referral of All Issues in the Proceedings to Mediation
Outcome
The Court ordered mediation of all issues in the proceedings and made ancillary orders concerning accounting experts, extension of time, and costs.
Legal Topics
['unconscionable Conduct' 'mediation' 'quantum' 'release and Arrears of Debt' 's 87(1 B) Claim']
['competition and Consumer Law' 'civil Procedure'] ['unconscionable Conduct' 'mediation' 'quantum' 'release and Arrears of Debt' 's 87(1 B) Claim']

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Procedural Posture

Trade Practices Proceeding Including an Unconscionability Claim / Motion Concerning Referral of All Issues in the Proceedings to Mediation

Legal Issues

  1. 1 ['Whether the issue of quantum was part of the proceedings for the purposes of s 53A of the Federal Court of Australia Act 1976 (Cth).' 'Whether the Court should order mediation of all issues in the proceedings.' 'Whether accounting experts should discuss the extent of their dispute before mediation.']

Ratio Decidendi

Because quantum was part of, or sufficiently connected with, the proceedings for the purposes of s 53A, and because there was a real prospect that mediation could resolve or narrow issues including quantum and unconscionability, the Court ordered the parties to attend mediation of all issues in the proceedings.

Court Disposition

The Court ordered mediation of all issues in the proceedings and made ancillary orders concerning accounting experts, extension of time, and costs.

Orders

  • ['The parties attend for the purpose of mediation of all issues in the proceedings and report to the Court forthwith of the outcome of the mediation.' "Each party's accounting experts discuss the question of the extent of the dispute between them prior to the mediation." 'By consent, the time for compliance with...