Chow v Un (No. 2) [2017] NSWDC 301

Chow v Un (No. 2) [2017] NSWDC 301

The plaintiffs had successfully brought defamation proceedings, had at all times sought to settle on the basis of a public apology and reasonable legal costs, and the defendant made no offer, refused apology, remained intransigent, and mediation had already been attempted without success. Section 40(3) of the Defamation Act 2005 (NSW) was satisfied, requiring indemnity costs. Because defamation damages were referable to publication on 29 December 2013 and a 3% rate was within the conventional range, pre-judgment interest was awarded to 15 September 2017.

Jurisdiction
Australia
Judgment Date
02 November 2017
Procedural Posture
Civil Defamation Proceedings / Post Judgment Application for Pre Judgment Interest and Indemnity Costs After Judgment Delivered on 15 September 2017
Outcome
Plaintiffs' application for pre-judgment interest and indemnity costs granted; judgment orders of 15 September 2017 varied.
Legal Topics
['pre Judgment Interest' 'indemnity Costs' 'settlement Offers' 'costs Following the Event']
['tort' 'defamation' 'civil Procedure' 'costs'] ['pre Judgment Interest' 'indemnity Costs' 'settlement Offers' 'costs Following the Event']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Post Judgment Application for Pre Judgment Interest and Indemnity Costs After Judgment Delivered on 15 September 2017

Legal Issues

  1. 1 ['Whether the plaintiffs should receive pre-judgment interest at 3% from 29 December 2013 to 15 September 2017.' "Whether the defendant should pay the plaintiffs' costs and disbursements of the entire proceedings on an indemnity basis."]

Ratio Decidendi

The plaintiffs had successfully brought defamation proceedings, had at all times sought to settle on the basis of a public apology and reasonable legal costs, and the defendant made no offer, refused apology, remained intransigent, and mediation had already been attempted without success. Section 40(3) of the Defamation Act 2005 (NSW) was satisfied, requiring indemnity costs. Because defamation damages were referable to publication on 29 December 2013 and a 3% rate was within the conventional range, pre-judgment interest was awarded to 15 September 2017.

Court Disposition

Plaintiffs' application for pre-judgment interest and indemnity costs granted; judgment orders of 15 September 2017 varied.

Orders

  • ['As between the first plaintiff and the defendant: Pre-judgment interest is to apply at the rate of 3% from 29 December 2013 to 15 September 2017 in the amount of $10,587.95.' 'As between the first plaintiff and the defendant: Judgment for the first plaintiff in the sum of $105,587.95.' 'As between the first...