Cosco v Hutley (No 3) [2020] NSWSC 1125

Cosco v Hutley (No 3) [2020] NSWSC 1125

Plaintiff is entitled to costs on the ordinary basis up to 13 March 2017 and indemnity basis from 14 March 2017 due to rejection of reasonable offer; defendant to pay pre-judgment interest on damages at 3% per annum; defendant to pay interest on costs at applicable post-judgment rate; security for costs paid into court to be returned.

Parties
Plaintiff: Anthony John Cosco; Defendant: Vanessa Hutley
Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Defamation / Post Judgment Orders Regarding Interest and Costs
Outcome
Orders varied to alter costs and interest; security for costs returned; proceedings otherwise dismissed.
Legal Topics
Interest, Indemnity Costs, Offer of Compromise, Security for Costs
Defamation Procedure Costs Interest Indemnity Costs Offer of Compromise Security for Costs

Case Brief

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Parties

Anthony John Cosco

Plaintiff

Vanessa Hutley

Defendant

Procedural Posture

Defamation / Post Judgment Orders Regarding Interest and Costs

Legal Issues

  1. 1 Whether indemnity costs should be awarded from offer date under s 40(2)(a) Defamation Act and UCPR r 42.14
  2. 2 Appropriate rate and entitlement for interest on damages and costs
  3. 3 Return of security for costs paid into court

Ratio Decidendi

Plaintiff is entitled to costs on the ordinary basis up to 13 March 2017 and indemnity basis from 14 March 2017 due to rejection of reasonable offer; defendant to pay pre-judgment interest on damages at 3% per annum; defendant to pay interest on costs at applicable post-judgment rate; security for costs paid into court to be returned.

Court Disposition

Orders varied to alter costs and interest; security for costs returned; proceedings otherwise dismissed.

Orders

  • Vacate Orders 3, 5 and 6 of the Original Orders of 13 July 2020.
  • Defendant to pay, in addition to damages, pre-judgment interest on damages from 4 July 2016 to 13 July 2020 at 3% per annum.