McMahon v John Fairfax Publications Pty Ltd (No 9) [2014] NSWSC 936

McMahon v John Fairfax Publications Pty Ltd (No 9) [2014] NSWSC 936

Mr McMahon is awarded interest pursuant to s 101(4) of the Civil Procedure Act 2005 on the disbursement items paid by him, as the proceedings have been protracted and he has been out of pocket for those costs. No countervailing discretionary consideration prevents such an order. Interest is not awarded on disbursements paid by Ardent Legal, as Mr McMahon was not out of pocket for those costs.

Jurisdiction
Australia
Judgment Date
09 July 2014
Procedural Posture
Interlocutory Applications / Costs and Interest Determination Following Judgment
Outcome
Application granted in part; each party to bear their own costs after 27 May 2014.
Legal Topics
['costs' 'interest on Costs' 'indemnity Costs']
['defamation' 'civil Procedure'] ['costs' 'interest on Costs' 'indemnity Costs']

Case Brief

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Procedural Posture

Interlocutory Applications / Costs and Interest Determination Following Judgment

Legal Issues

  1. 1 ['Entitlement of a party to interest on costs under s 101(4) Civil Procedure Act 2005' 'Whether interest should be ordered on disbursements paid by the plaintiff and those paid by solicitors' "Application and scope of the Court's discretion to award interest on costs"]

Ratio Decidendi

Mr McMahon is awarded interest pursuant to s 101(4) of the Civil Procedure Act 2005 on the disbursement items paid by him, as the proceedings have been protracted and he has been out of pocket for those costs. No countervailing discretionary consideration prevents such an order. Interest is not awarded on disbursements paid by Ardent Legal, as Mr McMahon was not out of pocket for those costs.

Court Disposition

Application granted in part; each party to bear their own costs after 27 May 2014.

Orders

  • ['Plaintiff awarded interest pursuant to s 101(4) on the disbursement items paid by him as set out in paragraph 7 of his affidavit.' 'Defendant awarded interest on the costs awarded in its favour in the proceedings.' 'Each party to bear his or its own costs after 27 May 2014.']