Higgins v Higgins [2002] NSWSC 455

Higgins v Higgins [2002] NSWSC 455

Given the plaintiff's age, deteriorating health, family disruption, and sufficient possibility for constructive compromise, the Court exercised its wide discretion under s 110K to order compulsory mediation, concluding it would not be hopeless.

Parties
Plaintiff: Lila Higgins; Defendant: John Michael Higgins; Defendant: Diane Jean Higgins
Jurisdiction
Australia
Judgment Date
20 May 2002
Procedural Posture
Equity Dispute / Interlocutory Application for Compulsory Mediation
Outcome
Application for compulsory mediation granted.
Legal Topics
Compulsory Mediation, Family Dispute, Court Discretion Under S 110 K
Practice and Procedure Equity Compulsory Mediation Family Dispute Court Discretion Under S 110 K

Case Brief

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Parties

Lila Higgins

Plaintiff

John Michael Higgins

Defendant

Diane Jean Higgins

Defendant

Procedural Posture

Equity Dispute / Interlocutory Application for Compulsory Mediation

Legal Issues

  1. 1 Whether the proceedings should be referred to compulsory mediation under s 110K of the Supreme Court Act 1970 (NSW)

Ratio Decidendi

Given the plaintiff's age, deteriorating health, family disruption, and sufficient possibility for constructive compromise, the Court exercised its wide discretion under s 110K to order compulsory mediation, concluding it would not be hopeless.

Court Disposition

Application for compulsory mediation granted.

Orders

  • Proceedings referred for mediation.
  • Mediation to be undertaken by John McDermott on 17 June 2002 at the offices of Messrs Gilbert and Tobin Solicitors, or before any mediator listed in the affidavit of Benjamin Keenan, at such time prior to 17 June and in such place as parties agree.