NSW Caselaw
New South Wales Court of Appeal
CITATION : Wentworth v. Rogers & Anor. [2004] NSWCA 109 HEARING DATE(S) : 30 March 2004 JUDGMENT DATE : 30 March 2004
JUDGMENT OF : Hodgson JA at 1 DECISION : Notice of Motion dated 9 March 2004 dismissed with costs.
CATCHWORDS : ALTERNATIVE DISPUTE RESOLUTION - MEDIATION - EVIDENCE - Document signed at mediation - Alleged to be a binding agreement - Admission into evidence opposed - Whether admissible. LEGISLATION CITED : Farm Debt Mediation Act 1994, s.15 Supreme Court Act 1970, ss.110N, 110P Air Great Lakes Pty. Ltd. v. K.S. Easter (Holdings) Pty. Ltd. (1985) 2 NSWLR 309 ANZ Bank v. Ciavarella [2002] NSWSC 1186 Bell v. Mediate Today Pty. Ltd., NSWSC, Barr J, 29/10/98 CASES CITED : Commonwealth Bank of Australia v. McConnell, NSWSC, Rolfe J, 24/7/97 Gain v. Commonwealth Bank (1997) 42 NSWLR 252 Masters v Cameron (1954) 91 CLR 353 Novamaze v. Cut Price Deli Pty. Ltd. (1995) 128 ALR 540 State Bank of NSW v. Freeman, NSWSC, Badgery-Parker J, 31/1/96 Katherine Wentworth - claimant PARTIES : Gordon J. Rogers - 1st opponent Toni Rogers - 2nd opponent FILE NUMBER(S) : CA 40474/03 Mr. D. Officer QC for claimant COUNSEL : No appearance for 1st opponent Mr. R. Lovas for 2nd opponent SOLICITORS : Russo & Partners, Arcadia for claimant Dorrough Smart, Surry Hills for 2nd opponent
LOWER COURT Supreme Court JURISDICTION : LOWER COURT SC11094/95 FILE NUMBER(S) : LOWER COURT Howie J JUDICIAL OFFICER :
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