Unconventional Conventions Pty Ltd v Accent Oz Pty Ltd [2004] NSWSC 1050

Unconventional Conventions Pty Ltd v Accent Oz Pty Ltd [2004] NSWSC 1050

Because the circumstances since the last unsuccessful mediation have changed—including the worsening financial position of defendants and an interlocutory judgment altering the situation—a further mediation order is warranted, notwithstanding opposition.

Jurisdiction
Australia
Judgment Date
27 October 2004
Procedural Posture
Equity Application / Interlocutory Application for Order for Mediation
Outcome
Application granted for further mediation.
Legal Topics
['mediation' 'supreme Court Procedure' 'power to Order Mediation' 'compulsory Mediation']
['civil Procedure'] ['mediation' 'supreme Court Procedure' 'power to Order Mediation' 'compulsory Mediation']

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Procedural Posture

Equity Application / Interlocutory Application for Order for Mediation

Legal Issues

  1. 1 ['Whether the Court should order a second mediation where one compulsory mediation has already failed and a party opposes it']

Ratio Decidendi

Because the circumstances since the last unsuccessful mediation have changed—including the worsening financial position of defendants and an interlocutory judgment altering the situation—a further mediation order is warranted, notwithstanding opposition.

Court Disposition

Application granted for further mediation.

Orders

  • ['Proceedings referred for mediation under s 110K of the Supreme Court Act 1970 to be conducted by Registrar Berecry at 2pm on 10 November 2004.' 'Costs of the application reserved.' 'Proceedings stood over to 17 November 2004 at 9.30am before Hamilton J for further directions.' 'Third defendant to serve any...