Federal Court of Australia ... Three NRL fans ordered to pay 75 percent of Fox Sports costs on party/party basis and all of Nine's costs on party/party basis after losing defamation action against them over racial abuse claims ... Indemnity costs avoided as rejection of offer was not unreasonable ... Settlement monies from Seven to be held on trust pending assessment of costs ... Courts Editor Stephen Murray reports ... more
Category: Costs
William Thurston & Ors v Fox Sports Australia Pty Ltd & Ors
Federal Court of Australia ... Costs argument in action brought by three men ejected from NRL game over racial abuse claims ... Settlement with Seven Network following damages judgment ... Fox Sports and Nine seek preservation of settlement sum pending resolution of costs issues ... Indemnity costs sought ... Courts Editor Stephen Murray reports ... more
Mond v The Age Company Pty Limited (costs)
Federal Court of Australia ... Jewish community leader David Mond awarded costs on a party/party basis following successful defamation action against Nine newspapers ... No basis to apportion costs as if a scorecard ... Respondents initial offer reasonable but Mond not unreasonable in rejecting it ... Subsequent offer unreasonable ... Courts Editor Stephen Murray reports ... more
David Mond v The Age Company Pty Ltd & Ors
Federal Court of Australia ... Submissions on costs following David Mond's successful action against the Nine newspapers ... Nine newspapers agree Mond entitled to costs but fairness requires not all costs be met ... Mond submits final offer rejected over question of whether journalist with shared byline was a publisher ... Ruling on interest ... Courts Editor Stephen Murray reports ... more
Deeming v Pesutto
Federal Court of Australia ... Former Victorian Opposition Leader John Pesutto faces prospect of paying colleague Moira Deeming $2.308 million in costs ... Determination made by Senior National Registrar Alison Legge ... Consideration of gifts and loans in respect of indemnity principle ... Courts Editor Stephen Murray reports ... more
Wellington v Metcalf (No 2)
Supreme Court of Victoria ... Successful defamation plaintiff found to be liable for lawyers fees despite voided costs agreement ... Defendant submitted indemnity principle breached ... Oral agreement for no win/no fee arrangement voided agreement ... No breach of indemnity principle ... Courts Editor Stephen Murray reports ... more
Greenwich v Latham (No 3)
Federal Court of Australia ... Mark Latham MLC ordered to pay rival MP Alex Greenwich's costs on ordinary basis ... No cause for apportionment ... Greenwich's bid for indemnity costs fails ... Offer in concerns notice broad and encompassed publication not found defamatory ... Courts Editor Stephen Murray reports ... more
Alex Greenwich v Mark Latham
Federal Court of Australia ... Costs hearing in dispute between NSW MPs Alex Greenwich and Mark Latham ... Senior counsel for Latham submits Latham liable for a quarter of Greenwich's costs after succeeding on three of four imputations ... Senior counsel for Greenwich says claim is misconceived ... Dispute over indemnity costs ... Courts Editor Stephen Murray reports ... more
Lehrmann v Network Ten Pty Limited (Reference Costs)
Federal Court of Australia ... Network Ten and Lisa Wilkinson to each bear their own costs of referral of costs dispute to referee ... Justice Michael Lee said hard to see a clearer case for parties to bear own costs ... Offers of compromise ... Courts Editor Stephen Murray reports ... more
William Thurston & Ors v Fox Sports Australia Pty Ltd & Ors
Federal Court of Australia ... Case management hearing over costs in NRL fans' action against broadcasters ... Mixed results for applicants ... "Terribly tragic case" ... Referred to mediation ahead of further hearing ... Costs "impressionistic and evaluative" ... Courts Editor Stephen Murray reports ... more
Edwards v Nine Network Australia Pty Limited (No 7)
Federal Court of Australia ... High profile firm Giles/George succeeds with application to have costs from celebrity cavoodle case paid into the court pending determination of solicitor's equitable lien claim ... Follows falling out between victorious client and solicitors ... Arguable case for lien ... Courts Editor Stephen Murray reports ... more
Bruce Lehrmann v Network Ten Pty Limited & Anor (Costs)
Federal Court of Australia ... Network Ten and Lisa Wilkinson reach agreement on costs ... Wilkinson to be paid $1.15 million in total ... Followed dispute over referee's report concerning hourly rates for solicitors and duplication of work ... Orders made dismissing hearing ... Courts Editor Stephen Murray reports ... more