Warragamba Winery Pty Ltd v State of New South Wales [2015] NSWSC 1804

Warragamba Winery Pty Ltd v State of New South Wales [2015] NSWSC 1804

The mediation process had not been exhausted, and offers to settle could not be considered due to lack of authority; further mediation should be attempted before determining the State’s application for gross sum costs order.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 November 2015
Procedural Posture
Costs Application Following Substantive Litigation / Post Judgment, Referral for Further Mediation
Outcome
Proceedings referred for further mediation; application for gross sum costs order not determined.
Legal Topics
['costs' 'mediation' 'gross Sum Costs Order']
['civil Procedure'] ['costs' 'mediation' 'gross Sum Costs Order']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Costs Application Following Substantive Litigation / Post Judgment, Referral for Further Mediation

Legal Issues

  1. 1 ['Whether to specify a gross sum costs order versus proceeding to assessment.' 'Whether further mediation is warranted or has run its course.' 'The impact of party impecuniosity on costs orders.']

Ratio Decidendi

The mediation process had not been exhausted, and offers to settle could not be considered due to lack of authority; further mediation should be attempted before determining the State’s application for gross sum costs order.

Court Disposition

Proceedings referred for further mediation; application for gross sum costs order not determined.

Orders

  • ['Proceedings referred for further mediation, preferably to Ms Mary Walker.' 'If Ms Walker unavailable, parties to agree on alternative mediator or relist before court within 28 days.' 'Plaintiffs wishing to rely on additional financial information to serve it within 28 days before next mediation.' 'Defendant to...