Supreme Court of Victoria ... Successful plaintiff ruled to have waived privilege over file produced without compulsion for taxation of costs ... Costs Court has jurisdiction to hear issues of waiver and privilege ... Does not have jurisdiction to determine issues concerning the implied undertaking ... Courts Editor Stephen Murray reports ... more
Category: Costs
Courtney v Maguire (Costs ruling)
County Court of Victoria ... Retired businessman awarded standard costs after award of $125,000 in aggravated damages over brumby posts on Facebook ... Both sides sought indemnity costs ... No special circumstances on either side ... Indemnity costs for costs thrown away by vacation of trial date ... Courts Editor Stephen Murray reports ... more
Metcalf v Wellington
Court of Appeal (Victoria) ... Ratepayer refused stay on hearing for taxation of costs ... Followed award of $100,000 in damages to local councillor ... No special circumstances warranting stay ... Councillor entitled to fruits of indemnity costs ... Undertaking to keep costs in trust account pending any appeal ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Bruce Lehrmann ordered to pay lump sum costs of $2 million to Network Ten for unsuccessful defamation action ... Costs awarded on partial indemnity basis ... Offer of $558,548 from Network Ten to Lisa Wilkinson to be paid forthwith ... Terms of reference to referee agreed ... Courts Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court ... Sydney barrister awarded partial indemnity costs ... Found to be defamed by A Current Affair stories alleging she had stolen celebrity cavoodle ... Justice Michael Wigney rejects respondents' claims of disentitling conduct ... Awards indemnity costs from time of offer of compromise ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Case management hearing on costs arising from Bruce Lehrmann's unsuccessful action against Network Ten and Lisa Wilkinson ... Court told Wilkinson's costs amount to $1.815 million ... Ten takes issue with unnecessary and duplicative costs ... Referee to consider matters in dispute ... Courts Editor Stephen Murray reports ... more
Lehrmann v Network Ten Pty Limited (Costs)
Federal Court ... Network Ten and Lisa Wilkinson obtain indemnity costs from Bruce Lehrmann for substantial truth defence ... Costs on ordinary basis for unsuccessful statutory qualified privilege defence ... No costs ordered for preparation of affidavits going to statutory qualified privilege defence ... Referee appointed ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor (Costs)
Federal Court ... Bruce Lehrmann obtains extension of time to weigh up appeal ... Parties heard on costs ... Network Ten seeks costs on indemnity basis for entirety of proceedings ... Alternative basis from rejection of offer ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor (Cross claims)
Federal Court ... Lisa Wilkinson takes issue with Network Ten's submissions concerning the costs for which she should be indemnified following retention of separate counsel ... Network Ten proposes issues be divided into common and non-common issues ... Wilkinson says this attempts to relitigate what had been rejected ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor
Federal Court ... Network Ten seeks costs on indemnity basis owing to wicked and calculated basis for proceedings ... Relies on Calderbank offer ... Lisa Wilkinson submits costs should follow event ... Bruce Lehrmann concedes findings leave him on hook for indemnity costs ... Courts Editor Stephen Murray reports ... more
Greiss v Seven Network Operations Ltd (Costs)
Federal Court ... Sydney man awarded costs on party and party basis to be determined as if proceedings commenced in NSW District Court ... Justice Anna Katzmann said award of $35,000 and interest was a modest win ... No reason proceedings could not have been commenced in District Court ... Courts Editor Stephen Murray reports ... more
Al Muderis v Nine Network Australia Pty Limited (No 3)
Federal Court ... Surgeon Munjed Al Muderis fails in bid to vary costs order ... Followed wholly unsuccessful effort to have Nine reporter reveal her sources ... Justice Robert Bromwich considered costs in the cause would be unjust if Al Muderis were to prevail in primary proceeding ... Courts Editor Stephen Murray reports ... more