Megna & Anor v Marshall & Anor [2005] NSWSC 1326

Megna & Anor v Marshall & Anor [2005] NSWSC 1326

It is not appropriate to order immediate payment or assessment of costs following the s 7A hearing. The issues resolved by the jury do not determine ultimate liability, and the principles and precedents indicate costs are properly reserved until final determination. No authority supports an immediate costs order after a s 7A hearing; such matters are premature.

Jurisdiction
Australia
Judgment Date
16 December 2005
Procedural Posture
Defamation / Post S 7 a Hearing; Interlocutory Application for Costs
Outcome
Costs reserved; costs of plaintiffs' application are costs in cause.
Legal Topics
['costs' 'jury Questions' 'imputations' 'publication' 'provisional Orders']
['defamation' 'civil Procedure'] ['costs' 'jury Questions' 'imputations' 'publication' 'provisional Orders']

Case Brief

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Procedural Posture

Defamation / Post S 7 a Hearing; Interlocutory Application for Costs

Legal Issues

  1. 1 ['Should the plaintiffs be awarded costs of the s 7A hearing forthwith or should those costs be reserved until the conclusion of proceedings?' 'Is it appropriate to depart from the general rule that costs follow the event and only become payable at the conclusion of proceedings?']

Ratio Decidendi

It is not appropriate to order immediate payment or assessment of costs following the s 7A hearing. The issues resolved by the jury do not determine ultimate liability, and the principles and precedents indicate costs are properly reserved until final determination. No authority supports an immediate costs order after a s 7A hearing; such matters are premature.

Court Disposition

Costs reserved; costs of plaintiffs' application are costs in cause.

Orders

  • ['The costs of the hearing pursuant to s 7A(3) of the Defamation Act are reserved.' "The costs of the plaintiffs' application considered in this judgment are to be costs in the cause."]