Dimento v Dimento & Anor [2007] NSWSC 420

Dimento v Dimento & Anor [2007] NSWSC 420

The application for compulsory mediation was dismissed because a 'level playing field' did not exist—specifically, the second defendant had not yet filed a defence or evidence, and it was reasonable to require the pleadings and evidence to be complete before mediation.

Jurisdiction
Australia
Judgment Date
16 March 2007
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Notice of Motion dismissed with costs
Legal Topics
['compulsory Mediation' 'level Playing Field in Mediation' 'family and Commercial Disputes']
['alternative Dispute Resolution'] ['compulsory Mediation' 'level Playing Field in Mediation' 'family and Commercial Disputes']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 ['Whether the proceedings should be referred for compulsory mediation despite opposition from one party' 'Whether a level playing field exists for mediation when not all defendants have filed evidence']

Ratio Decidendi

The application for compulsory mediation was dismissed because a 'level playing field' did not exist—specifically, the second defendant had not yet filed a defence or evidence, and it was reasonable to require the pleadings and evidence to be complete before mediation.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • ['Notice of Motion dismissed with costs' 'Exhibits on the Motion to be returned']