Berjaya Group (Aust) Pty Limited v Ariff [2007] NSWSC 174

Berjaya Group (Aust) Pty Limited v Ariff [2007] NSWSC 174

Given that the substance of the dispute turns on questions that can reasonably be resolved and the entrenchment of the parties' respective positions (including their legal representatives), referral to mediation under s.26 of the Civil Procedure Act 2005 is appropriate to facilitate a practical resolution of all grievances.

Jurisdiction
Australia
Judgment Date
05 March 2007
Procedural Posture
Corporate Dispute/administration Proceedings / Application for Court Orders (originating and Interlocutory Process), Order for Compulsory Mediation
Outcome
Order for mediation and stay of further proceedings pending mediation. Division of costs for mediation and appointment of mediator.
Legal Topics
['mediation' 'deed of Company Arrangement' 'appointment of Receiver' 'remuneration of Administrator' 'access to Financial Records']
['corporations Law' 'civil Procedure'] ['mediation' 'deed of Company Arrangement' 'appointment of Receiver' 'remuneration of Administrator' 'access to Financial Records']

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Procedural Posture

Corporate Dispute/administration Proceedings / Application for Court Orders (originating and Interlocutory Process), Order for Compulsory Mediation

Legal Issues

  1. 1 ['Whether the parties should be compelled to engage in mediation under Civil Procedure Act 2005' 'Whether there is a need for appointment of a receiver for assets controlled by Mr Ariff' 'Whether the differences between the parties are resolvable through mediation']

Ratio Decidendi

Given that the substance of the dispute turns on questions that can reasonably be resolved and the entrenchment of the parties' respective positions (including their legal representatives), referral to mediation under s.26 of the Civil Procedure Act 2005 is appropriate to facilitate a practical resolution of all grievances.

Court Disposition

Order for mediation and stay of further proceedings pending mediation. Division of costs for mediation and appointment of mediator.

Orders

  • ['Pursuant to s.26(1) Civil Procedure Act 2005, the proceedings are referred to mediation.' 'Pursuant to s.28(1), costs of mediation to be paid 50% by plaintiffs, 50% by defendants.' 'Hon John Clarke QC appointed as mediator, subject to defendant filing and serving written consent by 7 March 2007.' 'Liberty to apply...