Cosco v Hutley [2017] NSWSC 1343

Supreme Court New South Wales

Medium Neutral Citation: Cosco v Hutley [2017] NSWSC 1343 Hearing dates: 15 September 2017 Decision date: 15 September 2017 Jurisdiction: Common Law Before: McCallum J Decision: Orders as sought in the short minutes: 1. On or before 22 September 2017 the plaintiff provide security for the defendant's costs by paying into the Court the additional sum of $110,000 being security for costs up to the commencement of the hearing in these proceedings. 2. The proceedings be stayed until security is paid into the court. 3. The defendant have liberty to make further application for such further security for costs as it may be advised on 5 days' notice. 4. The plaintiff to provide objections to interrogatories and categories by 22 September 2017. 5. Refer the proceedings to mediation by a mediator to be appointed by agreement between the parties, with such mediation to be completed by 3 November 2017. 6. Each party is ordered to attend the mediation. 7. List the proceeding for further directions on 10 November 2017. Catchwords: CIVIL PROCEDURE – mediation – one party expressing fear of being present in a room with the other – appropriateness of ordering mediation over objection in that circumstance – where counsel confident steps could be taken to obviate concern Category: Procedural and other rulings Parties: Anthony John Cosco (plaintiff) Vanessa Hutley (defendant) Representation: Counsel: S Chrysanthou (plaintiff) M Richardson (defendant)