Martin v Norton Rose Fulbright Australia [2018] FCA 428

Martin v Norton Rose Fulbright Australia [2018] FCA 428

There was no evidence that any Registrar in the Sydney Registry would be embarrassed by evidence, nor sufficient explanation for the late application; the orders for Sydney mediation should stand to avoid further delay.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Interlocutory Application / Application to Vary Orders Referring Matter to Mediation
Outcome
Application dismissed with costs.
Legal Topics
['transfer of Mediation Venue' 'variation of Mediation Orders' 'adjournment of Mediation' 'potential Embarrassment of Registrar']
['practice and Procedure'] ['transfer of Mediation Venue' 'variation of Mediation Orders' 'adjournment of Mediation' 'potential Embarrassment of Registrar']

Source-derived case record

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Procedural Posture

Interlocutory Application / Application to Vary Orders Referring Matter to Mediation

Legal Issues

  1. 1 ['Whether venue for mediation should be changed from Sydney to Adelaide' "Whether Registrar mediating in Sydney would be 'embarrassed' by evidence" 'Whether there is justification in delaying the mediation']

Ratio Decidendi

There was no evidence that any Registrar in the Sydney Registry would be embarrassed by evidence, nor sufficient explanation for the late application; the orders for Sydney mediation should stand to avoid further delay.

Court Disposition

Application dismissed with costs.

Orders

  • ['The interlocutory application filed dated 28 February 2018 be dismissed.' "The applicant is to pay the respondent's costs."]