Channel Seven Sydney Pty Ltd v Mahommed (No 2) [2011] NSWCA 6

Channel Seven Sydney Pty Ltd v Mahommed (No 2) [2011] NSWCA 6

The appellant's offer to settle for $50,000 was not considered a genuine offer under s 48A and the proper forum for determining indemnity costs was at trial, not on appeal. Neither indemnity costs application succeeded, but the respondent's substantial success warranted an order that the appellant pay 90 per cent of the respondent's costs of appeal and first instance proceedings including s 7A hearings.

Jurisdiction
Australia
Judgment Date
11 February 2011
Procedural Posture
Appeal / Post Appeal, Consequential Orders
Outcome
Appellant ordered to pay 90 per cent of respondent's costs of appeal and proceedings at first instance including s 7A hearings, as agreed or assessed.
Legal Topics
['costs' 'offers of Compromise' 'settlement Offer' 'indemnity Costs' 'defamation Proceedings']
['civil Procedure' 'defamation'] ['costs' 'offers of Compromise' 'settlement Offer' 'indemnity Costs' 'defamation Proceedings']

Case Brief

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Procedural Posture

Appeal / Post Appeal, Consequential Orders

Legal Issues

  1. 1 ['Whether an offer to settle was a genuine offer to settle under s 48A Defamation Act 1974 (NSW)' 'Whether respondent is entitled to indemnity costs for trial and appeal' 'Appropriate apportionment of costs considering partial success of appeal' 'Relevance of ultimate success and timing of settlement offer to costs' 'Application of general rule regarding costs in cases with multiple issues']

Ratio Decidendi

The appellant's offer to settle for $50,000 was not considered a genuine offer under s 48A and the proper forum for determining indemnity costs was at trial, not on appeal. Neither indemnity costs application succeeded, but the respondent's substantial success warranted an order that the appellant pay 90 per cent of the respondent's costs of appeal and first instance proceedings including s 7A hearings.

Court Disposition

Appellant ordered to pay 90 per cent of respondent's costs of appeal and proceedings at first instance including s 7A hearings, as agreed or assessed.

Orders

  • ["Appellant to pay 90 per cent of respondent's costs of the appeal and of and incidental to the proceedings at first instance including the s 7A hearings, as agreed or assessed."]