City Convenience Leasing Pty Ltd & Anor v Dencal Pty Limited [2014] NSWCATCD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: City Convenience Leasing Pty Ltd & Anor v Dencal Pty Limited [2014] NSWCATCD 64 Hearing dates: 11 March 2014 Decision date: 04 April 2014 Before: K Rickards, Senior Member Decision: The Tribunal declares that there is a binding settlement agreement between the first applicant, second applicant and respondent arising from the written agreement dated 27 February 2014. The application is dismissed. Each party is to bear its own costs of the proceedings up to and including 3 March 2014. Unless the applicants provide written submissions limited to 500 words in length to the Registry and to the respondent within 7 days of the date of these orders, the applicants are to jointly and severally pay the costs of the respondent relating to this application and the proceedings on or from 4 March 2014. In the event that submissions as to costs are provided to the Registry and to the respondent in accordance with order 4, the respondent may file and serve any further written submissions within 14 days of the date of these orders. The issue of costs on and from 4 March 2014 will then be determined upon the basis of written submissions filed. Catchwords: Mediation agreement - privilege; settlement of proceedings Legislation Cited: Retail Leases Act 1994 Farm Debt Mediation Act 1994 Cases Cited: Wallis Lake Fisherman's Co-Operative Limited v CAN 079830595 Pty Ltd t/as Jolly Joe's Fish 'n' Chips (No 2) RLD [2011] NSWADT AP29; DB Rreef Funds Management Ltd and PT LTD v Valentino Home Fashion Pty Ltd [2008] NSW ADT 332; ANZ Bank v Ciavarella [2002] NSW SC 1186; Diagne v Payman [2011] NSW ADT 2006; Kyluk Pty Ltd v The Bike Mason Pty Ltd & Anor [2007] NSW ADT 96 Texts Cited: Nil Category: Principal judgment Parties: City Convenience Leasing Pty Ltd (first applicant) Jamal Gebara (second applicant) Dencal Pty Limited (respondent) Representation: Mr H Soltan - agent (1st and 2nd applicants) Mr J Conomy - special counsel (respondent) JDK Legal Solicitors File Number(s): COM 14/00617 Publication restriction: Nil