Dimozantos v Deutsche Property Funds Management Ltd (RLD)

The matter before the court was an appeal brought by Dimozantos against Deutsche Property Funds Management Ltd (RLD). The dispute centred around the costs incurred in a mediation process, specifically whether Dimozantos had the authority to appoint an agent to appear on their behalf and the implications of a mediation agreement on future claims. The court of appeal was tasked with resolving these issues.

The primary legal issues were whether Dimozantos had the requisite authority to appoint an agent to appear on their behalf and the extent to which the mediation agreement impacted any future claims for costs. The court considered whether the mediation agreement's terms were binding and whether Dimozantos had a fair opportunity to be heard on the matter of costs. The court also needed to determine whether the mediation agreement precluded Dimozantos from bringing a claim for costs.

The court found that Dimozantos did indeed have the authority to appoint an agent to appear on their behalf, as evidenced by the terms of the mandate and the conduct of the parties. Regarding the mediation agreement, the court held that the agreement was binding and that it precluded Dimozantos from making a claim for costs against Deutsche Property Funds Management Ltd (RLD). The court emphasised that the mediation agreement clearly outlined the terms regarding costs, and Dimozantos had a fair opportunity to be heard during the mediation process. Consequently, the appeal was dismissed.