Mallick v McGeown [2008] NSWSC 1107

Mallick v McGeown [2008] NSWSC 1107

A second mediation was appropriate because there were changed circumstances since the earlier formal mediation, including the lapse of more than 18 months, the proposed involvement of a senior experienced mediator, the worsening health condition of the first defendant, subsequent interlocutory decisions, the prospect of a six week jury trial, disproportionately high costs, and the statutory duty to participate in good faith.

Jurisdiction
Australia
Judgment Date
13 October 2008
Procedural Posture
Procedural Ruling in Defamation Proceedings / Interlocutory Notice of Motion for Referral to Mediation Before Trial
Outcome
Third defendant's application granted.
Legal Topics
['referral to Mediation' 'second Compulsory Mediation' 'case Management' 'good Faith Participation in Mediation' 'jury Trial']
['civil Procedure' 'alternative Dispute Resolution' 'defamation'] ['referral to Mediation' 'second Compulsory Mediation' 'case Management' 'good Faith Participation in Mediation' 'jury Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Procedural Ruling in Defamation Proceedings / Interlocutory Notice of Motion for Referral to Mediation Before Trial

Legal Issues

  1. 1 ["Whether the Court should order a second mediation under s 26 of the Civil Procedure Act 2005 over the plaintiff's objection." 'Whether earlier failed settlement attempts made a further mediation futile.']

Ratio Decidendi

A second mediation was appropriate because there were changed circumstances since the earlier formal mediation, including the lapse of more than 18 months, the proposed involvement of a senior experienced mediator, the worsening health condition of the first defendant, subsequent interlocutory decisions, the prospect of a six week jury trial, disproportionately high costs, and the statutory duty to participate in good faith.

Court Disposition

Third defendant's application granted.

Orders

  • ['Orders sought in the Notice of Motion referring the proceedings for mediation made.']