Stanton v Fell (No 2) [2014] NSWSC 1052

The plaintiff unreasonably failed to accept both settlement offers because his claim failed at the threshold, would in any event have been defeated by multiple defences, any damages would have been nominal due to extremely limited publication, and the monetary offers were generous; the non-monetary terms were not unreasonable, and no interests of justice consideration justified refusing indemnity costs.

Jurisdiction: Australia
Judgment Date: 05 August 2014
Procedural Posture: Costs in Defamation Proceedings / Defendant's Application for Indemnity Costs After the Plaintiff's Defamation Claim Was Dismissed
Outcome: Application granted; the plaintiff is to pay the defendant's costs on an indemnity basis.
Legal Topics: ['indemnity Costs' 'settlement Offers' 'unreasonable Failure to Accept Settlement Offer' 'interests of Justice']

['defamation' 'costs'] ['indemnity Costs' 'settlement Offers' 'unreasonable Failure to Accept Settlement Offer' 'interests of Justice']

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Procedural Posture

Costs in Defamation Proceedings / Defendant's Application for Indemnity Costs After the Plaintiff's Defamation Claim Was Dismissed

Legal Issues

1 ['Whether the plaintiff unreasonably failed to accept a settlement offer made by the defendant.' 'If the plaintiff unreasonably failed to accept a settlement offer, whether the interests of justice required otherwise than an order that costs be paid on an indemnity basis.']

Ratio Decidendi

Court Disposition

Application granted; the plaintiff is to pay the defendant's costs on an indemnity basis.

Orders

["The plaintiff pay the defendant's costs on an indemnity basis."]