Palmer & Anor v Belan & Anor [No 1] [1999] NSWSC 244

Palmer & Anor v Belan & Anor [No 1] [1999] NSWSC 244

Full costs were appropriate because vindication of reputation was an important part of the defamation actions, the imputations were serious and damaging, and the questions of law and fact were of some complexity. Indemnity costs were also appropriate because the plaintiffs recovered more than their offers of compromise and the later inclusion of the silver bullet incident as a particular of malice did not materially change the plaintiffs' cases.

Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Defamation; Costs; Indemnity Costs / Judgment Re Costs Following Judgment Awarding Damages in Three Defamation Actions
Outcome
The plaintiffs were awarded full costs in each action, with costs payable on an indemnity basis from 23 December 1998 and earlier costs assessed on a party and party basis.
Legal Topics
['full Costs' 'indemnity Costs' 'offers of Compromise' 'vindication of Reputation']
['defamation' 'civil Procedure' 'costs'] ['full Costs' 'indemnity Costs' 'offers of Compromise' 'vindication of Reputation']

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Procedural Posture

Defamation; Costs; Indemnity Costs / Judgment Re Costs Following Judgment Awarding Damages in Three Defamation Actions

Legal Issues

  1. 1 ['Whether the plaintiffs should have full costs in each action under Pt 52 r 24(4).' 'Whether the plaintiffs should have indemnity costs following offers of compromise where the verdicts exceeded the offers.' 'Whether the plaintiffs materially changed their cases after making the offers of compromise so as to make indemnity costs unfair.']

Ratio Decidendi

Full costs were appropriate because vindication of reputation was an important part of the defamation actions, the imputations were serious and damaging, and the questions of law and fact were of some complexity. Indemnity costs were also appropriate because the plaintiffs recovered more than their offers of compromise and the later inclusion of the silver bullet incident as a particular of malice did not materially change the plaintiffs' cases.

Court Disposition

The plaintiffs were awarded full costs in each action, with costs payable on an indemnity basis from 23 December 1998 and earlier costs assessed on a party and party basis.

Orders

  • ['Pursuant to Pt 52 r 24(4), the plaintiffs should have full costs in respect of each action.' 'Pursuant to Pt 52 r 17(4), such costs should be payable upon an indemnity basis from 23 December 1998. The costs payable prior to that date are to be assessed on a party and party basis.']