Young v Roads and Maritime Services (No 2)

[2018] NSWCA 91

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Mediation
3. › Court-annexed mediation
4. › Whether order should be made over opposition of one party
5. › Whether reasonable prospect of successful mediation
6. › Relevance of prior judicial determinations of issues sought to be mediated
1. Practice and Procedure
2. › Solicitors
3. › Restraining solicitor from acting
4. › Inherent jurisdiction
5. › Whether conflict of interest established
6. › Whether fair-minded reasonably informed member of public would conclude proper administration of justice requires restraint
7. › Kallinicos v Hunt test

Quick Take

A solicitor's change of litigation strategy after reviewing subsequently filed material does not constitute a conflict of interest warranting restraint from acting, and mediation will not be ordered where a party seeks to re-agitate matters already judicially determined.