Costs    February 13, 2020

KT v Google LLC (No. 2)

Each party to bear their own costs for contempt proceedings against Google that had been stayed ... Anonymous litigant ... Critical review posted on Google ... Reconsideration of the contempt referral ... Inflammatory ex parte submissions of counsel ... Stephen Murray reports ... more

 

Costs    February 4, 2020

Hanson-Young v Leyonhjelm (No. 5)

Indemnity costs awarded to Senator Sarah Hanson-Young ... Respondent's failure to make a reasonable offer of settlement ... Unsuccessful submission to cap costs to the amount of Hanson-Young's crowd funding ... It is possible to defame a politician ... Application for permanent injunction rejected ... Public interest in free speech ... Court reluctant to be a censor ... Members of the public entitled to comment on the court's judgments ... Interest ... Stephen Murray reports ... more

 

Costs    January 29, 2020

Yunghanns v Colquhoun-Denvers (Costs)

Victorian Supreme Court ... Each party ordered to pay costs on a standard basis ... Claim and counterclaim defeated ... Unfortunate litigation with total legal costs well in excess of $3 million ... Internecine conflict in the world of polo ... Plaintiff said that costs would not trouble him ... Acrimony ... Stephen Murray reports ... more

 

Costs    December 24, 2019

Sarah Hanson-Young v David Leyonhjelm

Justice Richard White reserved on costs and injunction ... Application for indemnity costs ... Leyonhjelm's "offensive and insulting" statement in a settlement offer ... "Offer of nothing" ... Failure to consider a "commercial, prudent" settlement ... Hanson-Young reelected ... Leyonhjelm failed at the ballot box ... Stephen Murray reports ... more

 

Costs    December 24, 2019

Wagner & Ors v Nine Network Australia & Ors (No. 2)

Indemnity costs awarded for a portion of the Wagner v Nine proceedings ... Inadequate settlement offers from Nine and Cater ... Ineffective apology ... Separate settlement proposals made by the plaintiffs ... Apology essential to settlement ... Defendants baulked at the word "apology" ... Failure by the defendants to make further offers ... Calderbank principles ... Nine and Cater acted unreasonably and imprudently ... Stephen Murray reports ... more

 

Costs    October 25, 2019

Bellino v Queensland Newspapers (No 2)

Justice Flick orders indemnity costs ... Applicant unreasonably rejected an offer of settlement ... Bellino admitted in his memoir and at the Fitzgerald inquiry that several of his imputations were true ... Finding of substantial truth ... Original article by journalist Phil Dickie ... Calderbank offer ... Janek Drevikovsky reports ... more

 

Costs    April 27, 2019

Stokes v Ragless

Damages of $90,000 ... Costs ... Indemnity costs in defamation ... Unrepresented parties obliged to familiarise themselves with court rules as to costs ... Consequences of failure to accept settlement offers ... Breach of procedural fairness ... Financial hardship on losing party not a factor that needs to be considered ... Parisa Hart reports ... more

 

Costs    March 4, 2019

Serge Benhayon v Esther Rockett

Indemnity costs awarded to defendant ... A comprehensive victory ... Early settlement made impossible by the plaintiff ... Supreme Court judge to hear submissions whether the plaintiff's solicitors should be referred to the OLSC ... Unprofessional and bullying letter sent to the defendant at a vulnerable moment ... Leave refused for defendant to use documents not admitted into evidence ... Stephen Murray reports ... more

 

Costs    January 21, 2019

Johnson v Powrie

A defamation action ... What possibly could go wrong, apart from 18 years of getting nowhere, a ruined lawyer, an out-of-pocket plaintiff and judicial errors? ... A story from the ACT Supreme Court ... Janek Drevikovsky reports ... more

 

Costs    November 23, 2018

Wagner & Ors v Harbour Radio Pty Ltd & Ors

Alan Jones could have saved broadcasters over $1 million in damages, plus costs, if he had agreed to the plaintiffs' apology ... Indemnity costs for the Wagners up to the trial ... Calderbank offer ... A counter offer from the plaintiffs required an extensive apology from Jones ... Struggle over the language for an apology ... Costs followed the event for Nicholas Cater ... Stephen Murray reports ... more

 

Costs    October 15, 2018

Triguboff v Fairfax Media Publications (No. 2)

Fairfax fails to secure indemnity costs for property develop's failed defamation claim ... Financial Review article found to be about Meriton and not the proprietor ... Respondents earlier offer to settle not confined to the ground on which they were ultimately successful ... Stephen Murray reports ... more

 

Costs    March 6, 2018

Atkinson Prakash Charan v Nationwide News (Costs Ruling)

Plaintiff should have been aware that Nationwide News had a strong case once the particulars of the truth defence were filed ... Indemnity costs awarded to newspaper for the entire length of the trial ... A highly unusual case ... Louise Hall reporting ... more