Aversa v Transport for New South Wales (No 2) [2023] NSWSC 892

Supreme Court New South Wales

Medium Neutral Citation: Aversa v Transport for New South Wales (No 2) [2023] NSWSC 892 Hearing dates: 13 July 2023 Decision date: 03 August 2023 Jurisdiction: Equity Before: Robb J Decision: The plaintiffs' legal advisors are to correspond with the Registry to determine if a court annexed mediation can take place prior to the hearing date. The parties are to submit appropriate short minutes of order to the Associate to Robb J. Catchwords: CIVIL PROCEDURE — alternative dispute resolution — referral to mediation — where dispute is between individual citizens and state agency — where state agency does not consent to mediation — where dispute may involve questions of statutory interpretation — where mediation may still prove profitable — parties ordered to mediation Legislation Cited: Civil Procedure Act 2005 (NSW), ss 26, 27, 56 Supreme Court Act 1970 (NSW), s 110K Cases Cited: ASIC v Rich [2005] NSWSC 489 Aversa v Roads and Maritime Services [2021] NSWSC 1047 Aversa v Transport for New South Wales [2022] NSWSC 277 Daya v CAN Reinsurance Co Ltd [2004] NSWSC 795 Hillig v Darkinjung [2008] NSWSC 409 Idoport v National Australia Bank Ltd [2001] NSWSC 427 Lidoframe Pty Ltd (as Trustee for Logan Cypress & Framing Trust) v New South Wales [2006] NSWSC 1262 Mehcur v Mehcur [2021] NSWSC 1252 Morrow v Chinadotcom Corp [2001] NSWSC 209; [2001] ANZ ConvR 341 Southern Waste Resource Co Pty Ltd v Adelaide Hills Region Waste Management Authority [No 2] (2019) 135 SASR 150; [2019] SASC 191 Category: Procedural rulings Parties: Rosario Aversa (First Plaintiff) Antonia Aversa (Second Plaintiff) Transport for New South Wales (formerly Roads & Maritime Services) (First Defendant) Registrar General (Second Defendant) Representation: Counsel: S Prince SC/S Blount (Plaintiffs) G Sirtes SC/L Johnston (First Defendant) P Walsh (Second Defendant)