Ahmadi v Fairfax Media Publications Pty Ltd (No 2) [2010] NSWSC 1191

Ahmadi v Fairfax Media Publications Pty Ltd (No 2) [2010] NSWSC 1191

Given the plaintiff succeeded on some imputations but not all, and evidence would have been similar even if proceedings confined to untrue imputations, a fair and just apportionment is that the defendant pays one-third of plaintiff’s costs. Interest is awarded on damages at an overall rate reflecting the spread of loss, calculated at 3% per annum.

Parties
Plaintiff: Abdullah Ahmadi; Defendant: Fairfax Media Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Defamation / Post Judgment/consequential Orders
Outcome
Plaintiff awarded one-third costs and interest; remaining proceedings dismissed.
Legal Topics
Costs, Interest, Damages, Apportionment
Defamation Civil Procedure Costs Interest Damages Apportionment

Case Brief

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Parties

Abdullah Ahmadi

Plaintiff

Fairfax Media Publications Pty Ltd

Defendant

Procedural Posture

Defamation / Post Judgment/consequential Orders

Legal Issues

  1. 1 Whether the plaintiff is entitled to an award of costs and if so on what basis
  2. 2 Whether interest should be awarded on damages and at what rate

Ratio Decidendi

Given the plaintiff succeeded on some imputations but not all, and evidence would have been similar even if proceedings confined to untrue imputations, a fair and just apportionment is that the defendant pays one-third of plaintiff’s costs. Interest is awarded on damages at an overall rate reflecting the spread of loss, calculated at 3% per annum.

Court Disposition

Plaintiff awarded one-third costs and interest; remaining proceedings dismissed.

Orders

  • The defendant shall pay one-third of the plaintiff's costs of and incidental to the proceedings, as agreed or assessed.
  • The defendant shall pay interest on the amount of $7,500, being the judgment in favour of the plaintiff, from 4 August 2007 until 1 July 2010 at the rate of 3% per annum, being an amount of $656.