Assaf v Skalkos [2000] NSWSC 935

Assaf v Skalkos [2000] NSWSC 935

The plaintiffs are entitled to interest at 2% per annum from the dates of publication to judgment, and indemnity costs from 17 August 1994, the date defendants walked away from settlement negotiations and were deemed to have rejected a reasonable compromise offer by the plaintiffs. The plaintiffs' result at trial was more favourable than the settlement offer, in accordance with established legal principles governing cost orders following rejection of offers of compromise.

Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Defamation / Post Trial Judgment on Interest and Costs
Outcome
Judgment for plaintiffs with interest and costs orders.
Legal Topics
['interest on Verdicts' 'indemnity Costs' 'offer of Compromise' 'calderbank Letter' 'apology in Settlement' 'costs Orders']
['defamation' 'civil Procedure'] ['interest on Verdicts' 'indemnity Costs' 'offer of Compromise' 'calderbank Letter' 'apology in Settlement' 'costs Orders']

Case Brief

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Procedural Posture

Defamation / Post Trial Judgment on Interest and Costs

Legal Issues

  1. 1 ['Whether plaintiffs are entitled to interest on verdicts' 'Whether plaintiffs are entitled to indemnity costs from the date of their settlement offer' 'Effect of rejected settlement offers including requirement of apology on costs' 'Appropriate date for indemnity costs to commence']

Ratio Decidendi

The plaintiffs are entitled to interest at 2% per annum from the dates of publication to judgment, and indemnity costs from 17 August 1994, the date defendants walked away from settlement negotiations and were deemed to have rejected a reasonable compromise offer by the plaintiffs. The plaintiffs' result at trial was more favourable than the settlement offer, in accordance with established legal principles governing cost orders following rejection of offers of compromise.

Court Disposition

Judgment for plaintiffs with interest and costs orders.

Orders

  • ['Judgment for the first plaintiff against the defendants in the sum of $171,595.' 'Judgment for the second plaintiff against the defendants in the sum of $34,319.' "Defendants to pay plaintiffs' costs on a party and party basis to 16 August 1994, and on an indemnity basis thereafter, including costs reserved on...