Singh v Singh [2002] NSWSC 852

Singh v Singh [2002] NSWSC 852

Although the plaintiff strongly opposed mediation, a real possibility of settlement could not be excluded and settlement would be of enormous benefit to all parties by avoiding the risks, costs and prolongation of trial and appeal. The rational course was therefore to compel mediation. Because skilled and experienced Court mediators were available without the expense of a former Judge, the matter should be mediated before a Registrar rather than a former Judge. The costs of the motion should be reserved pending the outcome of the mediation and, if necessary, the proceedings.

Jurisdiction
Australia
Judgment Date
12 September 2002
Procedural Posture
Equity Proceedings; Application for Referral to Mediation Under S 110 K of the Supreme Court Act 1970 / Application for an Order That the Proceedings Be Referred to Mediation
Outcome
Mediation ordered.
Legal Topics
['power to Order Mediation' 'compulsory Mediation Over Opposition of a Party' 'exercise of Discretion Under S 110 K of the Supreme Court Act 1970' 'costs of Mediation Application']
['civil Procedure' 'equity'] ['power to Order Mediation' 'compulsory Mediation Over Opposition of a Party' 'exercise of Discretion Under S 110 K of the Supreme Court Act 1970' 'costs of Mediation Application']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Equity Proceedings; Application for Referral to Mediation Under S 110 K of the Supreme Court Act 1970 / Application for an Order That the Proceedings Be Referred to Mediation

Legal Issues

  1. 1 ["Whether the Court should order mediation under s 110K of the Supreme Court Act 1970 despite the plaintiff's opposition" 'Whether mediation should be conducted by a former Judge rather than a Registrar' 'Whether the plaintiff should pay the costs of the motion because he resisted the mediation application']

Ratio Decidendi

Although the plaintiff strongly opposed mediation, a real possibility of settlement could not be excluded and settlement would be of enormous benefit to all parties by avoiding the risks, costs and prolongation of trial and appeal. The rational course was therefore to compel mediation. Because skilled and experienced Court mediators were available without the expense of a former Judge, the matter should be mediated before a Registrar rather than a former Judge. The costs of the motion should be reserved pending the outcome of the mediation and, if necessary, the proceedings.

Court Disposition

Mediation ordered.

Orders

  • ['The proceedings are to be referred for mediation.' 'The mediation is to be before Registrar Berecry, at present Acting Master Berecry, in February next year.' 'The costs of the motion are reserved.' 'Short minutes are to be brought in to encompass the decision.']