Goldsmith v Ghosh [2015] NSWSC 1758

Goldsmith v Ghosh [2015] NSWSC 1758

The circumstances did not fall within the exception to the usual rule, as the action had not become futile and there was no unreasonable conduct by the defendant. Therefore, the plaintiff should pay the defendant’s costs, quantified in a gross sum of $15,000.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Civil Defamation / Leave to Discontinue Proceedings; Determination of Costs
Outcome
Plaintiff granted leave to discontinue; plaintiff to pay defendant’s costs as a gross sum.
Legal Topics
['discontinuance' 'costs Orders' 'defamation Proceedings' 'assessment of Costs']
['civil Procedure' 'defamation' 'costs'] ['discontinuance' 'costs Orders' 'defamation Proceedings' 'assessment of Costs']

Case Brief

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Procedural Posture

Civil Defamation / Leave to Discontinue Proceedings; Determination of Costs

Legal Issues

  1. 1 ['Whether the plaintiff should have leave to discontinue with no order as to costs' 'Whether the defendant is entitled to costs and in what quantified sum']

Ratio Decidendi

The circumstances did not fall within the exception to the usual rule, as the action had not become futile and there was no unreasonable conduct by the defendant. Therefore, the plaintiff should pay the defendant’s costs, quantified in a gross sum of $15,000.

Court Disposition

Plaintiff granted leave to discontinue; plaintiff to pay defendant’s costs as a gross sum.

Orders

  • ["That the plaintiff have leave to discontinue the proceedings on terms that he pays the defendant's costs specified as the gross sum of $15,000."]