Triguboff v Fairfax Media Publications Pty Ltd (No 2) [2018] FCA 1513

Triguboff v Fairfax Media Publications Pty Ltd (No 2) [2018] FCA 1513

While the applicant's rejection of the September offer was not unreasonable enough to warrant indemnity costs for the entire application, the respondents are entitled to party/party costs for the entirety of the interlocutory application and proceeding because the offer was not adequately confined to the successful issue and their alternative grounds failed.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Costs Application (post Summary Judgment in Defamation Proceeding) / Determination of Application for Indemnity Costs Following Summary Judgment
Outcome
Application for indemnity costs dismissed; party/party costs awarded to respondents; applicant awarded costs of indemnity costs application.
Legal Topics
['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']
['civil Procedure' 'defamation Law'] ['costs' 'indemnity Costs' 'offers of Compromise' 'calderbank Offers']

Case Brief

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Procedural Posture

Costs Application (post Summary Judgment in Defamation Proceeding) / Determination of Application for Indemnity Costs Following Summary Judgment

Legal Issues

  1. 1 ["Whether the respondents should be awarded indemnity costs following the applicant's rejection of an offer of settlement" "Whether the applicant's rejection of the settlement offer was unreasonable" 'Whether the offer constituted a genuine compromise']

Ratio Decidendi

While the applicant's rejection of the September offer was not unreasonable enough to warrant indemnity costs for the entire application, the respondents are entitled to party/party costs for the entirety of the interlocutory application and proceeding because the offer was not adequately confined to the successful issue and their alternative grounds failed.

Court Disposition

Application for indemnity costs dismissed; party/party costs awarded to respondents; applicant awarded costs of indemnity costs application.

Orders

  • ["The respondents pay the applicant's costs of the indemnity costs application as assessed or agreed." "Apart from those costs, the applicant pay the respondents' costs of and incidental to the entirety of the proceeding, including the interlocutory application, as assessed or agreed."]