Warragamba Winery Pty Ltd v State of New South Wales [2015] NSWSC 1804

Supreme Court New South Wales

Medium Neutral Citation: Warragamba Winery Pty Ltd v State of New South Wales [2015] NSWSC 1804 Hearing dates: 19 November 2015 Date of orders: 19 November 2015 Decision date: 19 November 2015 Jurisdiction: Common Law Before: McCallum J Decision: (1) That the proceedings be referred for further mediation in accordance with the orders of Harrison J, preferably to be conducted by Ms Mary Walker, the mediator who conducted the earlier mediation. (2) That failing the availability of Ms Walker, the parties endeavour to agree upon an alternative mediator or else have the proceedings relisted before me within twenty-eight days of today. (3) That any plaintiff wishing to rely upon additional financial information beyond that already provided to the defendant serve that material within twenty-eight days before the next date appointed for the continuation of the mediation. (4) That the defendant notify the remaining respondents to the motion of these orders. (5) That the parties endeavour to conclude the mediation by mid-February 2016. (6) That the proceedings be relisted before me on 4 March 2016. Catchwords: COSTS – where costs order already made – lengthy litigation – application for gross sum costs orders – where costs previously referred for mediation – whether mediation has run its course Legislation Cited: Civil Procedure Act 2005 (NSW), ss 27; 98; 101 Cases Cited: Hamod v State of New South Wales (No 13) [2009] NSWSC 756 Warragamba Winery Pty Ltd v State of NSW (No 9) [2012] NSWSC 701 Warragamba Winery v State of New South Wales (No 10) (Supreme Court (NSW), Walmsley AJ, 28 June 2012, unrep) Category: Procedural and other rulings Parties: 2005/269145 – Passlow v State of NSW 2005/269511 – Quigley v State of NSW 2005/269477 – Darryl Nix v State of NSW 2005/269465 – Richard Sheppard v State of NSW 2005/269475 – Vitomir Kuzmanovic v State of NSW 2005/269501 – Alexander Lynch v State of NSW 2005/269568 – Michelle Larden v State of NSW Representation: Counsel: Plaintiffs in proceeding 2005/269511 and first plaintiff in proceeding 2005/269145 appeared in person No appearance by other plaintiffs C Webster SC (defendant)