Vilo v John Fairfax & Sons Limited and Anor [2002] NSWSC 794

Vilo v John Fairfax & Sons Limited and Anor [2002] NSWSC 794

The plaintiff's notice of motion is dismissed because the defamation claim was not concluded and no entitlement to interest arose until the defence of qualified privilege was determined, and acceptance of the moneys paid under the agreed orders precludes further claim.

Jurisdiction
Australia
Judgment Date
03 September 2002
Procedural Posture
Civil / Post Trial Motion (notice of Motion)
Outcome
Notice of motion dismissed
Legal Topics
['interest on Judgment' 'qualified Privilege' 'award of Damages']
['defamation'] ['interest on Judgment' 'qualified Privilege' 'award of Damages']

Case Brief

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Procedural Posture

Civil / Post Trial Motion (notice of Motion)

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to interest at a higher rate from the date of the jury verdict rather than from the date qualified privilege was determined' 'Whether the orders made on interest calculation constitute a slip correctable after acceptance of payment']

Ratio Decidendi

The plaintiff's notice of motion is dismissed because the defamation claim was not concluded and no entitlement to interest arose until the defence of qualified privilege was determined, and acceptance of the moneys paid under the agreed orders precludes further claim.

Court Disposition

Notice of motion dismissed

Orders

  • ["Plaintiff's notice of motion dismissed" "Plaintiff to pay the defendants' costs of the notice of motion"]