Cosmos Management Gold Coast Pty Ltd & Ors v Katrina Gorrie [2021] NSWSC 705

Cosmos Management Gold Coast Pty Ltd & Ors v Katrina Gorrie [2021] NSWSC 705

The defendant's agreement to the injunctions was, in the circumstances, properly characterised as a capitulation, and the plaintiffs would not have obtained the consent injunctions without commencing proceedings. However, because the defendant capitulated relatively promptly and her conduct was not sufficiently unreasonable, costs were payable only on an ordinary basis and not on an indemnity basis.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Costs in Proceedings for Final Injunctions Concerning Alleged Defamatory Statements / On the Papers After Consent Final Injunctions; Costs Outstanding
Outcome
Defendant ordered to pay the plaintiffs' costs of the proceedings on an ordinary basis; indemnity costs not ordered and damages not quantified.
Legal Topics
['party/party Costs' 'costs Following Capitulation' 'indemnity Costs' 'consent Injunctions' 'damages']
['costs' 'defamation'] ['party/party Costs' 'costs Following Capitulation' 'indemnity Costs' 'consent Injunctions' 'damages']

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Procedural Posture

Costs in Proceedings for Final Injunctions Concerning Alleged Defamatory Statements / On the Papers After Consent Final Injunctions; Costs Outstanding

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiffs' costs of the proceedings." 'Whether costs should be ordered on an indemnity basis or an ordinary basis.' 'Whether any damages should be quantified.']

Ratio Decidendi

The defendant's agreement to the injunctions was, in the circumstances, properly characterised as a capitulation, and the plaintiffs would not have obtained the consent injunctions without commencing proceedings. However, because the defendant capitulated relatively promptly and her conduct was not sufficiently unreasonable, costs were payable only on an ordinary basis and not on an indemnity basis.

Court Disposition

Defendant ordered to pay the plaintiffs' costs of the proceedings on an ordinary basis; indemnity costs not ordered and damages not quantified.

Orders

  • ['The defendant should pay the plaintiffs costs of the proceedings on an ordinary basis.']