Giuong Van Phan v The Vietnamese Herald Pty Ltd & Anor [2006] NSWSC 247

Giuong Van Phan v The Vietnamese Herald Pty Ltd & Anor [2006] NSWSC 247

The communications showed that the parties intended to end the proceedings speedily and cost-effectively by publication of an apology, and the references to lawyers were confined to completing the legal formalities of terminating the proceedings. The plaintiff did not reserve issues of damages or costs when agreeing to the apology. A binding compromise had therefore been reached and the proceedings should be permanently stayed.

Jurisdiction
Australia
Judgment Date
06 April 2006
Procedural Posture
Defamation Proceedings / Notice of Motion for Permanent Stay of Proceedings
Outcome
Proceedings permanently stayed. Plaintiff to pay defendants' costs.
Legal Topics
['compromise of Proceedings' 'binding Settlement Agreement' 'permanent Stay' 'apology in Defamation Proceedings']
['defamation' 'contract Law' 'civil Procedure'] ['compromise of Proceedings' 'binding Settlement Agreement' 'permanent Stay' 'apology in Defamation Proceedings']

Case Brief

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Procedural Posture

Defamation Proceedings / Notice of Motion for Permanent Stay of Proceedings

Legal Issues

  1. 1 ['Whether the parties reached a binding agreement compromising the defamation proceedings.' 'Whether references to lawyers in the communications meant the agreement was only tentative or subject to legal advice and confirmation.' 'Whether the apology published on 17 February 2006 performed, or could perform, the alleged agreement.']

Ratio Decidendi

The communications showed that the parties intended to end the proceedings speedily and cost-effectively by publication of an apology, and the references to lawyers were confined to completing the legal formalities of terminating the proceedings. The plaintiff did not reserve issues of damages or costs when agreeing to the apology. A binding compromise had therefore been reached and the proceedings should be permanently stayed.

Court Disposition

Proceedings permanently stayed. Plaintiff to pay defendants' costs.

Orders

  • ['The proceedings be permanently stayed.' "The plaintiff must pay the defendants' costs."]