Ramandious v Habashy (No. 2) [2015] NSWDC 146

Ramandious v Habashy (No. 2) [2015] NSWDC 146

Given the defendants' inadequate explanation for failing to attend the first mediation, their prior legal representation, and the substantial court resources devoted to mediation, a second court-annexed mediation should not be ordered. The parties must comply with the litigation timetable, and disregard for court processes will not be indulged.

Jurisdiction
Australia
Judgment Date
16 April 2015
Procedural Posture
Civil / Direction Hearing and Procedural Orders Following Non Attendance at Mediation
Outcome
Application for a second mediation date refused; procedural orders made.
Legal Topics
['court Annexed Mediation' 'costs' 'defamation' 'case Management']
['civil Procedure'] ['court Annexed Mediation' 'costs' 'defamation' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Direction Hearing and Procedural Orders Following Non Attendance at Mediation

Legal Issues

  1. 1 ["Whether a second mediation should be ordered following the defendants' failure to attend the first mediation" 'Adequacy of explanation for failure to attend mediation' 'Proper recourse and case management following non-attendance']

Ratio Decidendi

Given the defendants' inadequate explanation for failing to attend the first mediation, their prior legal representation, and the substantial court resources devoted to mediation, a second court-annexed mediation should not be ordered. The parties must comply with the litigation timetable, and disregard for court processes will not be indulged.

Court Disposition

Application for a second mediation date refused; procedural orders made.

Orders

  • ['Leave granted to solicitors for the defendants to withdraw.' 'Plaintiff granted leave to rely on affidavit of Simon Maxwell; court notes affidavit of Mr Samir Habashy.' "First defendant's application for a second mediation date refused." 'Noted first defendant appeared briefly then left; second defendant did not...