Lassanah v State of New South Wales (No. 4) [2010] NSWDC 284

Lassanah v State of New South Wales (No. 4) [2010] NSWDC 284

Indemnity costs were awarded against the first defendant/cross-claimant on the defamation claim pursuant to s 40 Defamation Act 2005 (NSW) due to failure to make an apology and settlement offer; for wrongful arrest and false imprisonment only submissions-stage costs were indemnity, the remainder party-party. The second defendant/cross-defendant was not liable for indemnity costs due to settlement and reasonable conduct.

Parties
First Plaintiff: Michael Lassanah; Second Plaintiff: Aaron Oddie by his tutor Michelle Pearson; First Defendant/cross Claimant: State of New South Wales; Second Defendant/cross Defendant: LVMH Watch & Jewellery Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
10 December 2010
Procedural Posture
Civil / Costs Application Following Judgment
Outcome
Costs orders made as specified; indemnity costs in favour of plaintiffs against first defendant for defamation and submissions stage of wrongful arrest and false imprisonment; party-party costs otherwise; second defendant not liable for indemnity costs; variation of costs order granted.
Legal Topics
Costs Orders, Indemnity Costs, False Imprisonment, Wrongful Arrest, Party Party Costs
Defamation Civil Procedure Costs Orders Indemnity Costs False Imprisonment Wrongful Arrest Party Party Costs

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Parties

Michael Lassanah

First Plaintiff

Aaron Oddie by his tutor Michelle Pearson

Second Plaintiff

State of New South Wales

First Defendant/cross Claimant

LVMH Watch & Jewellery Australia Pty Ltd

Second Defendant/cross Defendant

Procedural Posture

Civil / Costs Application Following Judgment

Legal Issues

  1. 1 Whether indemnity costs should be ordered in defamation proceedings pursuant to s 40 Defamation Act 2005 (NSW)
  2. 2 Whether party-party or indemnity costs should be ordered for wrongful arrest and false imprisonment claims
  3. 3 Whether the second defendant/cross-defendant should indemnify the first defendant/cross-claimant for costs orders against the plaintiff

Ratio Decidendi

Indemnity costs were awarded against the first defendant/cross-claimant on the defamation claim pursuant to s 40 Defamation Act 2005 (NSW) due to failure to make an apology and settlement offer; for wrongful arrest and false imprisonment only submissions-stage costs were indemnity, the remainder party-party. The second defendant/cross-defendant was not liable for indemnity costs due to settlement and reasonable conduct.

Court Disposition

Costs orders made as specified; indemnity costs in favour of plaintiffs against first defendant for defamation and submissions stage of wrongful arrest and false imprisonment; party-party costs otherwise; second defendant not liable for indemnity costs; variation of costs order granted.

Orders

  • First defendant/cross-claimant to pay plaintiffs' costs of the defamation claim on an indemnity basis (including costs application).
  • First defendant/cross-claimant to pay plaintiffs' costs of wrongful arrest and false imprisonment claim on party-party basis up to end of trial; submissions stage costs to be paid on indemnity basis.