Zaia v Eshow [2016] NSWSC 921

Zaia v Eshow [2016] NSWSC 921

Balancing the arguments, the court considered the identity of the parties and decided that referral to mediation was preferable before either party became entrenched in costly litigation, in order to achieve the statutory objectives of effective, fair, and speedy non-litigious resolution.

Jurisdiction
Australia
Judgment Date
24 June 2016
Procedural Posture
Defamation / First Listing; Proceedings Referred to Mediation
Outcome
Proceedings referred to mediation
Legal Topics
['procedural Ruling' 'referral to Mediation' 'practice Note Compliance']
['defamation'] ['procedural Ruling' 'referral to Mediation' 'practice Note Compliance']

Case Brief

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Procedural Posture

Defamation / First Listing; Proceedings Referred to Mediation

Legal Issues

  1. 1 ['Whether proceedings should be referred to mediation before pleadings are closed' 'Appropriateness of referring defamation proceedings to mediation where defendant unprepared for first listing']

Ratio Decidendi

Balancing the arguments, the court considered the identity of the parties and decided that referral to mediation was preferable before either party became entrenched in costly litigation, in order to achieve the statutory objectives of effective, fair, and speedy non-litigious resolution.

Court Disposition

Proceedings referred to mediation

Orders

  • ['Proceedings referred for mediation by a mediator of the Court pursuant to s 26 Civil Procedure Act 2005 (NSW)' 'Parties to use best endeavours to hold mediation within two months' 'Proceedings stood over to 5 August 2016; defendant to be ready for first listing if mediation unsuccessful' 'Parties to exchange...