Mallegowda v Sood (No. 7) [2019] NSWDC 252

Mallegowda v Sood (No. 7) [2019] NSWDC 252

Neither party made offers warranting indemnity costs; costs orders must reflect conduct and issues for which parties are responsible. Plaintiff to pay defendants'/cross-claimant's reasonable disbursements for trial and expert evidence (from 12 July 2013), and all costs orders in plaintiff's favour are vacated. Second defendant's application for damages is refused.

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Defamation and Costs / Post Trial Costs Determination
Outcome
Application for indemnity costs and damages refused; costs orders varied as specified
Legal Topics
['indemnity Costs' 'offers of Compromise' 'calderbank Offers' 'cross Claims' 'expert Evidence' 'conduct of Proceedings' 'self Represented Litigants' 'referral to Costs Assessor']
['defamation' 'costs'] ['indemnity Costs' 'offers of Compromise' 'calderbank Offers' 'cross Claims' 'expert Evidence' 'conduct of Proceedings' 'self Represented Litigants' 'referral to Costs Assessor']

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Procedural Posture

Defamation and Costs / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the defendants/cross-claimant based on offers of compromise or conduct of proceedings' "Whether the plaintiff should be ordered to pay defendants'/cross-claimant's costs, experts' costs, and disbursements" 'Whether each party should pay their own costs due to the conduct of proceedings' 'Whether damages for emotional trauma are claimable by the second defendant']

Ratio Decidendi

Neither party made offers warranting indemnity costs; costs orders must reflect conduct and issues for which parties are responsible. Plaintiff to pay defendants'/cross-claimant's reasonable disbursements for trial and expert evidence (from 12 July 2013), and all costs orders in plaintiff's favour are vacated. Second defendant's application for damages is refused.

Court Disposition

Application for indemnity costs and damages refused; costs orders varied as specified

Orders

  • ["Second defendant's application for damages is refused" 'Application by defendants/cross-claimant for indemnity costs for the whole proceedings is refused' 'Plaintiff to pay all expert witness costs (report fees, witness expenses, and incidental fees) for work after 12 July 2013' "Plaintiff to pay...