Mark Rodney Bissaker & Ors v Simon George Croft & Ors [2014] NSWSC 1647

Mark Rodney Bissaker & Ors v Simon George Croft & Ors [2014] NSWSC 1647

The Court considers it appropriate to refer the proceedings to mediation under s.26(1) Civil Procedure Act 2005, despite plaintiffs' opposition and regardless of whether defendants have filed expert evidence, given significant factual disputes and the real possibility that skilled mediation may resolve the matter.

Jurisdiction
Australia
Judgment Date
21 November 2014
Procedural Posture
Professional Negligence / Motion for Referral to Mediation
Outcome
proceedings referred to mediation
Legal Topics
['professional Negligence' 'mediation' "court's Power to Order Mediation"]
['civil Procedure'] ['professional Negligence' 'mediation' "court's Power to Order Mediation"]

Case Brief

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Procedural Posture

Professional Negligence / Motion for Referral to Mediation

Legal Issues

  1. 1 ["Should the proceedings be referred to mediation under s.26(1) Civil Procedure Act 2005 despite the plaintiffs' opposition?" 'Is mediation premature given that defendants have not filed expert evidence as ordered?']

Ratio Decidendi

The Court considers it appropriate to refer the proceedings to mediation under s.26(1) Civil Procedure Act 2005, despite plaintiffs' opposition and regardless of whether defendants have filed expert evidence, given significant factual disputes and the real possibility that skilled mediation may resolve the matter.

Court Disposition

proceedings referred to mediation

Orders

  • ['Paragraph 2 of the orders made by the Registrar on 3 September 2014 is vacated.' 'Pursuant to s.26(1) Civil Procedure Act 2005 proceedings referred for mediation before 13 February 2015.' 'If parties cannot agree on a mediator by close of business 1 December 2014, Joint Protocol set out in Practice Note SC Gen 6...