The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu (No 2) [2021] NSWDC 98

The Sydney Cosmetic Specialist Clinic Pty Ltd (ACN 151 319 032) v Hu (No 2) [2021] NSWDC 98

Plaintiffs' unreasonable failure to accept multiple reasonable offers from the first and third defendants, combined with their delinquent and inefficient conduct of the litigation, justifies an award of indemnity costs against them pursuant to s 40 Defamation Act 2005 (NSW) and general law (Calderbank principles).

Jurisdiction
Australia
Judgment Date
31 March 2021
Procedural Posture
Civil / Costs Application After Dismissal of Proceedings
Outcome
Indemnity costs awarded against plaintiffs
Legal Topics
['indemnity Costs' 'calderbank Offers' 'summary Dismissal' 'defamation Proceedings' 'conduct of Litigation' 'settlement Offers']
['defamation' 'civil Procedure' 'costs'] ['indemnity Costs' 'calderbank Offers' 'summary Dismissal' 'defamation Proceedings' 'conduct of Litigation' 'settlement Offers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Costs Application After Dismissal of Proceedings

Legal Issues

  1. 1 ["Whether indemnity costs should be awarded against the plaintiffs pursuant to s 40 Defamation Act 2005 (NSW), Calderbank principles, and/or plaintiffs' conduct of the litigation"]

Ratio Decidendi

Plaintiffs' unreasonable failure to accept multiple reasonable offers from the first and third defendants, combined with their delinquent and inefficient conduct of the litigation, justifies an award of indemnity costs against them pursuant to s 40 Defamation Act 2005 (NSW) and general law (Calderbank principles).

Court Disposition

Indemnity costs awarded against plaintiffs

Orders

  • ["The plaintiffs pay the first defendant's legal costs of and incidental to the proceedings on an indemnity basis and, for the period of time for which the first defendant has represented himself, pay his disbursements on an indemnity basis." "The plaintiffs pay the third defendant's legal costs of and incidental to...