Ritson v Gay & Lesbian Community Publishing Ltd & Ors [2012] NSWSC 586

Ritson v Gay & Lesbian Community Publishing Ltd & Ors [2012] NSWSC 586

The Third and Fourth Defendants' costs should be payable forthwith because they had complete success on a discrete and substantial part of the proceedings, namely the defamation causes of action against them, their role in the remaining proceedings was greatly diminished, the remaining proceedings were likely to continue for a considerable period, and the unfairness to them in waiting for costs outweighed the potential hardship to the Plaintiff.

Jurisdiction
Australia
Judgment Date
05 June 2012
Procedural Posture
Costs / On Papers Application for Costs of the Plaintiff's Notice of Motion to Be Payable Forthwith
Outcome
Application granted; the Third and Fourth Defendants' costs of the Plaintiff's notice of motion filed 14 February 2012 are payable forthwith.
Legal Topics
['costs Payable Forthwith' 'interlocutory Application Costs' 'extension of Time to Commence Defamation Proceedings' 'breach of Confidentiality Claim']
['civil Procedure' 'costs' 'defamation'] ['costs Payable Forthwith' 'interlocutory Application Costs' 'extension of Time to Commence Defamation Proceedings' 'breach of Confidentiality Claim']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs / On Papers Application for Costs of the Plaintiff's Notice of Motion to Be Payable Forthwith

Legal Issues

  1. 1 ["Whether the Third and Fourth Defendants' costs of the Plaintiff's notice of motion filed 14 February 2012 should be payable forthwith rather than at the conclusion of the proceedings under r 42.7 of the Uniform Civil Procedure Rules 2005."]

Ratio Decidendi

The Third and Fourth Defendants' costs should be payable forthwith because they had complete success on a discrete and substantial part of the proceedings, namely the defamation causes of action against them, their role in the remaining proceedings was greatly diminished, the remaining proceedings were likely to continue for a considerable period, and the unfairness to them in waiting for costs outweighed the potential hardship to the Plaintiff.

Court Disposition

Application granted; the Third and Fourth Defendants' costs of the Plaintiff's notice of motion filed 14 February 2012 are payable forthwith.

Orders

  • ["The Third and Fourth Defendants' costs of the Plaintiff's notice of motion filed 14 February 2012 be payable forthwith."]