McCosh v Williams CA275/02 12 August 2003 (NZ Court of Appeal)
mediator liability – interpretation of settlement – med-arb – negligence – jurisdiction – Fair Trading Act – exclusion of liability clause
Court held that mediator did exceed his jurisdiction as he had engaged in the task of attempting to “correct” the agreement rather than interpret it. However, it was not found that he acted negligently nor was there a breach of the Fair Trading Act. The exclusion clause relied on did not extend to the process of adjudication concerning the settlement agreement. Appeal dismissed.