Habib v Nationwide News Pty Ltd (No 2) [2010] NSWCA 291

Habib v Nationwide News Pty Ltd (No 2) [2010] NSWCA 291

Even if the Court had power under UCPR 36.16(3) to set aside or vary its earlier costs order, the principles of finality of litigation, the absence of any mistake or misapprehension at the time the order was made, the opportunity available to Nationwide to make submissions or seek reservation of costs during the appeal or within 14 days, and the discretionary features of the case all weigh strongly against reopening the costs determination. The application to vary the costs order is therefore dismissed with costs.

Parties
Appellant (respondent on the Motion): Mamdouh Habib; Respondent (applicant on the Motion): Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
08 November 2010
Procedural Posture
Appellate Civil – Procedural Motion / Post Decision; Motion to Vary Costs Order After Appeal and Remittal for Damages Assessment
Outcome
Notice of motion dismissed with costs
Legal Topics
Entry of Judgment, Variation of Orders, Costs Orders, Finality of Litigation, Damages – Contemptuous Damages, Interpretation of 'claim for Relief'
Civil Procedure Defamation Entry of Judgment Variation of Orders Costs Orders Finality of Litigation Damages – Contemptuous Damages Interpretation of 'claim for Relief'

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Parties

Mamdouh Habib

Appellant (respondent on the Motion)

Nationwide News Pty Ltd

Respondent (applicant on the Motion)

Procedural Posture

Appellate Civil – Procedural Motion / Post Decision; Motion to Vary Costs Order After Appeal and Remittal for Damages Assessment

Legal Issues

  1. 1 Whether the Court has power under UCPR 36.16(3) to set aside or vary a costs order after entry of judgment
  2. 2 Whether a costs order determines a 'claim for relief' for the purposes of UCPR 36.16(3)
  3. 3 Whether the award of $5,000 damages is 'contemptuous' or 'nominal' in a defamation proceeding

Ratio Decidendi

Even if the Court had power under UCPR 36.16(3) to set aside or vary its earlier costs order, the principles of finality of litigation, the absence of any mistake or misapprehension at the time the order was made, the opportunity available to Nationwide to make submissions or seek reservation of costs during the appeal or within 14 days, and the discretionary features of the case all weigh strongly against reopening the costs determination. The application to vary the costs order is therefore dismissed with costs.

Court Disposition

Notice of motion dismissed with costs

Orders

  • The notice of motion is dismissed with costs.