Scott v Bodley (No 3) [2023] NSWDC 47

Scott v Bodley (No 3) [2023] NSWDC 47

The plaintiff unreasonably failed to accept a reasonable offer to make amends from the defendant, and given the full removal of publications and the intent of early resolution processes under the Defamation Act 2005 (NSW), an indemnity costs order is appropriate from the expiry date of the offer; prior to that, costs are to be on the ordinary basis.

Jurisdiction
Australia
Judgment Date
08 March 2023
Procedural Posture
Civil / Costs Determination Following Dismissal of Defamation Proceedings at Serious Harm Threshold
Outcome
Plaintiff to pay defendant's costs on the ordinary basis up to 8 August 2022 and thereafter on an indemnity basis.
Legal Topics
['serious Harm' 'calderbank Offers' 'offer to Make Amends' 'indemnity Costs' 'costs Orders in Defamation Proceedings']
['defamation' 'costs'] ['serious Harm' 'calderbank Offers' 'offer to Make Amends' 'indemnity Costs' 'costs Orders in Defamation Proceedings']

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Procedural Posture

Civil / Costs Determination Following Dismissal of Defamation Proceedings at Serious Harm Threshold

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs on an indemnity basis following failure to establish serious harm in defamation proceedings" 'Whether the rejection of Calderbank offers and offer to make amends justified an indemnity costs order']

Ratio Decidendi

The plaintiff unreasonably failed to accept a reasonable offer to make amends from the defendant, and given the full removal of publications and the intent of early resolution processes under the Defamation Act 2005 (NSW), an indemnity costs order is appropriate from the expiry date of the offer; prior to that, costs are to be on the ordinary basis.

Court Disposition

Plaintiff to pay defendant's costs on the ordinary basis up to 8 August 2022 and thereafter on an indemnity basis.

Orders

  • ["The plaintiff is to pay the defendant's costs of these proceedings on the ordinary basis up to 8 August 2022 and thereafter on an indemnity basis."]