Full Court of Federal Court of Australia ... Animal rights advocacy group ordered to pay costs of abattoir operator on partial indemnity basis ... Follows Full Court ruling footage of alleged cruelty held on constructive trust for abattoir ... Majority rules rejection of Calderbank offer was imprudent and unreasonable ... Editor Stephen Murray reports ... more
Category: Costs
Reynolds v Higgins
Supreme Court of Western Australian ... Former staffer Brittany Higgins ordered to pay eighty percent of Linda Reynolds' costs on indemnity basis ... Followed award of damages for two social media posts ... Offer of settlement four days ahead of trial found to have been unreasonable ... Editor Stephen Murray reports ... more
Michelmore v Brown (No 8)
Supreme Court of Western Australia ... Perth lawyer defamed by her former clients fails in bid to obtain indemnity costs ... Reasonable offer to settle with contribution to costs of self-represented lawyer ... Costs awarded against defendants on party/party basis ... Costs to be apportioned ... Editor Stephen Murray reports ... more
Gina Edwards v Nine Network Australia Pty Ltd & Ors
Federal Court of Australia ... Lien dispute between Sydney barrister Gina Edwards and law firm Giles George cross-vested to NSW Supreme Court ... Follows dispute between Edwards and Giles George over costs ... Professional negligence claim to be heard by Supreme Court ... Justice Michael Wigney dismisses recusal application ... Editor Stephen Murray reports ... more
KDP v Ethnic Broadcasters Incorporated & Ors
South Australian Civil and Administrative Tribunal ... Community radio presenter ordered to pay costs of ethnic radio station and personnel after withdrawing complaints ... Alleged age discrimination, victimisation and discriminatory advertising ... Forty seven of forty nine complaints ruled misconceived ... Editor Stephen Murray reports ... more
Johnson v Hone & Anor
District Court of NSW ... Security for costs of $70,000 ordered for plaintiff ordinarily resident in the United States ... Seeks to sue over slanders made by former colleagues at consulting firm ... Court not satisfied with evidence of address or financial position ... Editor Stephen Murray reports ... more
Zhang v Lu
Federal Court of Australia ... Cross-claimant ordered to pay costs of discontinuance ... Followed discontinuance of original claim and dismissal of application for summary dismissal ... Cross-claimant cited impecuniosity and personal circumstances in submissions against costs ... Consolidated costs orders made ... Editor Stephen Murray reports ... more
McVicker v Nine Digital Pty Ltd (No 2)
Supreme Court of Queensland ... Unsuccessful plaintiff ordered to pay costs of Nine Digital on partial indemnity basis ... Followed dismissal of proceeding which could not be commenced as agreement following offer of amends had been performed ... Reasonable offer from Nine Digital ... Partial indemnity costs followed delay in offer ... Editor Stephen Murray reports ... more
Thurston v Fox Sports Australia Pty Limited (No 2)
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
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