Megna v Marshall (No 2) [2011] NSWSC 52

Megna v Marshall (No 2) [2011] NSWSC 52

Interest should be awarded at a global, reduced rate of 2% per annum from 1 January 2001 over the entirety of the damages awarded to each plaintiff, considering the staggered publication and reinforcing effect of sequential newsletters. Plaintiffs are entitled to 100% of their pre-offer costs and 90% of their post-offer costs (from 26 January 2006) on an indemnity basis, reflecting offers of compromise and the nature of costs incurred, with no reduction for partial success on imputations. No part of the defendants' costs is to be paid by the plaintiffs.

Jurisdiction
Australia
Judgment Date
18 February 2011
Procedural Posture
Defamation Supplemental Ruling (interest and Costs) / Post Judgment on Costs and Interest
Outcome
Supplemental orders: Interest and costs rulings to be reflected in form of orders to be drafted by parties. Plaintiffs entitled to interest at 2% p.a. from 1 January 2001, 100% of pre-offer costs on ordinary basis, and 90% of post-offer costs on indemnity basis. No order for plaintiffs to pay any portion of...
Legal Topics
['costs' 'interest' 'offer of Compromise' 'assessment of Damages']
['defamation' 'civil Procedure'] ['costs' 'interest' 'offer of Compromise' 'assessment of Damages']

Case Brief

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Procedural Posture

Defamation Supplemental Ruling (interest and Costs) / Post Judgment on Costs and Interest

Legal Issues

  1. 1 ['What rate and method should be applied for calculating pre-judgment interest on the defamation damages?' 'To what extent and on what basis should the successful plaintiffs recover their legal costs, including orders for indemnity costs after rejected offers of compromise?']

Ratio Decidendi

Interest should be awarded at a global, reduced rate of 2% per annum from 1 January 2001 over the entirety of the damages awarded to each plaintiff, considering the staggered publication and reinforcing effect of sequential newsletters. Plaintiffs are entitled to 100% of their pre-offer costs and 90% of their post-offer costs (from 26 January 2006) on an indemnity basis, reflecting offers of compromise and the nature of costs incurred, with no reduction for partial success on imputations. No part of the defendants' costs is to be paid by the plaintiffs.

Court Disposition

Supplemental orders: Interest and costs rulings to be reflected in form of orders to be drafted by parties. Plaintiffs entitled to interest at 2% p.a. from 1 January 2001, 100% of pre-offer costs on ordinary basis, and 90% of post-offer costs on indemnity basis. No order for plaintiffs to pay any portion of...

Orders

  • ["Parties to provide Short Minutes of Order to reflect the judgment's conclusions." 'Each plaintiff entitled to interest on damages at 2% per annum from 1 January 2001 (to be calculated).' 'Plaintiffs entitled to 100% of their costs up to 25 January 2006 on the ordinary (party/party) basis, including costs of the s...