Waterhouse v Perkins & 3 Ors:Waterhouse v Perkins & 4 Ors [2001] NSWSC 13

Waterhouse v Perkins & 3 Ors:Waterhouse v Perkins & 4 Ors [2001] NSWSC 13

The Court ordered mediation of the proceedings on grounds of complexity, cost, and interlocutory delay, under s 110K and s 110L of the Supreme Court Act 1970, finding no rational reason for refusing compulsory mediation at this stage and rejected the plaintiff's argument that mediation cannot achieve public vindication.

Jurisdiction
Australia
Judgment Date
25 January 2001
Procedural Posture
Interlocutory Applications in Two Defamation Actions / Orders on Discovery, Interrogatories, and Compulsory Mediation
Outcome
Ordered both proceedings be referred for mediation; formal orders on interlocutory matters deferred; mediation costs allocation ordered.
Legal Topics
['discovery' 'interrogatories' 'compulsory Mediation' 'aggravated Damages']
['defamation' 'civil Procedure'] ['discovery' 'interrogatories' 'compulsory Mediation' 'aggravated Damages']

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Procedural Posture

Interlocutory Applications in Two Defamation Actions / Orders on Discovery, Interrogatories, and Compulsory Mediation

Legal Issues

  1. 1 ['Sufficiency of answers to interrogatories' 'Scope of discovery' 'Compulsory mediation under Supreme Court Act 1970 Pt 7B' 'Particularisation of aggravated damages']

Ratio Decidendi

The Court ordered mediation of the proceedings on grounds of complexity, cost, and interlocutory delay, under s 110K and s 110L of the Supreme Court Act 1970, finding no rational reason for refusing compulsory mediation at this stage and rejected the plaintiff's argument that mediation cannot achieve public vindication.

Court Disposition

Ordered both proceedings be referred for mediation; formal orders on interlocutory matters deferred; mediation costs allocation ordered.

Orders

  • ['Whole proceedings in 13146 of 1991 and 21381 of 1996 referred for mediation.' 'If parties fail to agree upon mediator within 21 days, the Court will appoint a mediator under s 110K(2).' 'Defendants to pay mediator and venue costs among themselves.' 'Plaintiff to pay own legal costs for mediation session.' 'Costs...