Hodge v TCN Channel Nine & Anor No 2 - Interest and Costs [2006] NSWSC 1272

Hodge v TCN Channel Nine & Anor No 2 - Interest and Costs [2006] NSWSC 1272

Interest should be awarded on special damages at 9 per cent, compensatory damages at 2.5 per cent, and aggravated damages at 3 per cent, reflecting the intensity and timing of hurt. Costs should follow the event, with the defendant to pay party/party costs to the plaintiff, as the plaintiff achieved a result no less favourable than his offer of compromise. The Notice of Offer of Compromise was substantially compliant, and dividing costs by issue is unnecessary.

Jurisdiction
Australia
Judgment Date
28 November 2006
Procedural Posture
Defamation / Post Verdict Determination of Interest and Costs
Outcome
Judgment for the plaintiff
Legal Topics
['interest Calculation' 'costs Determination' 'offer of Compromise' 'vindication in Defamation' 'aggravated Damages']
['defamation' 'civil Procedure'] ['interest Calculation' 'costs Determination' 'offer of Compromise' 'vindication in Defamation' 'aggravated Damages']

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Procedural Posture

Defamation / Post Verdict Determination of Interest and Costs

Legal Issues

  1. 1 ['Appropriate rate and calculation of interest for non-economic loss in defamation cases' 'Proper allocation and basis for costs, including indemnity and party/party' 'Validity and effect of offer of compromise under Supreme Court Rules' 'Assessment of damages for vindication and aggravation']

Ratio Decidendi

Interest should be awarded on special damages at 9 per cent, compensatory damages at 2.5 per cent, and aggravated damages at 3 per cent, reflecting the intensity and timing of hurt. Costs should follow the event, with the defendant to pay party/party costs to the plaintiff, as the plaintiff achieved a result no less favourable than his offer of compromise. The Notice of Offer of Compromise was substantially compliant, and dividing costs by issue is unnecessary.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Interest assessed at $31,569' 'Judgment for the plaintiff for $372,569' 'Defendant to pay the costs of the proceedings of the plaintiff on an ordinary (party/party) basis']