Marshall v Megna; Megna v Tory; Tory v Megna (No 2) [2013] NSWCA 456

Marshall v Megna; Megna v Tory; Tory v Megna (No 2) [2013] NSWCA 456

Interest should be calculated according to the methodology proposed by Mr Megna and Mr Lloyd as this better reflects the harm suffered over the relevant periods and is consistent with standard practice. Indemnity costs for the trial are justified from 16 August 2006 due to existence of settlement offers and conduct, but not for the appeal absent fresh offers.

Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Appeal and Cross Appeal / Variation of Previous Orders on Notice of Motion
Outcome
Appeal dismissed in part; cross-appeal allowed; previous orders varied.
Legal Topics
['calculation of Interest on Damages' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']
['defamation' 'costs'] ['calculation of Interest on Damages' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Variation of Previous Orders on Notice of Motion

Legal Issues

  1. 1 ['From which date should interest on damages be calculated where publications spanned a period of time?' 'Should costs be awarded on an indemnity basis after non-compliant offers of compromise or as Calderbank offers?']

Ratio Decidendi

Interest should be calculated according to the methodology proposed by Mr Megna and Mr Lloyd as this better reflects the harm suffered over the relevant periods and is consistent with standard practice. Indemnity costs for the trial are justified from 16 August 2006 due to existence of settlement offers and conduct, but not for the appeal absent fresh offers.

Court Disposition

Appeal dismissed in part; cross-appeal allowed; previous orders varied.

Orders

  • ['Order 5 varied: interest for Mr Megna now $62,949.43.' 'Order 6 varied: interest for Mr Lloyd now $45,282.32.' 'Order 7 varied: costs in court below on ordinary basis until 15 August 2006, indemnity basis from 16 August 2006.' 'Each party to bear its own costs of the notice of motion.' 'Appeal dismissed in part.'...