Khochaiche v Kamaleddine [2009] NSWSC 1219

Khochaiche v Kamaleddine [2009] NSWSC 1219

Because Mrs Beydoun's conduct in publishing the email under anonymity and Mrs Kamaleddine's subsequent threat to republish led to urgent proceedings, and given neither was an 'innocent' third party, the usual order for costs in preliminary discovery does not apply. Both defendants must pay plaintiffs' costs up to and including 3 September 2009; after that, Mrs Beydoun alone is liable for costs to conclusion.

Jurisdiction
Australia
Judgment Date
20 November 2009
Procedural Posture
Civil / Post Settlement, Cost Orders
Outcome
Costs orders granted against both defendants for specified periods; proceedings otherwise settled.
Legal Topics
['injurious Falsehood' 'defamation' 'costs' 'preliminary Discovery' 'interlocutory Injunction']
['defamation' 'torts' 'civil Procedure'] ['injurious Falsehood' 'defamation' 'costs' 'preliminary Discovery' 'interlocutory Injunction']

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Procedural Posture

Civil / Post Settlement, Cost Orders

Legal Issues

  1. 1 ['Who should pay the costs of proceedings concerning an anonymous publication that settled before final hearing?' 'Whether Plaintiff ought to have made pre-litigation enquiries or sent letters of demand instead of commencing proceedings' 'Appropriateness of commencing proceedings by summons versus statement of claim in tort claims']

Ratio Decidendi

Because Mrs Beydoun's conduct in publishing the email under anonymity and Mrs Kamaleddine's subsequent threat to republish led to urgent proceedings, and given neither was an 'innocent' third party, the usual order for costs in preliminary discovery does not apply. Both defendants must pay plaintiffs' costs up to and including 3 September 2009; after that, Mrs Beydoun alone is liable for costs to conclusion.

Court Disposition

Costs orders granted against both defendants for specified periods; proceedings otherwise settled.

Orders

  • ["The First and Second Defendants are to pay the Plaintiffs' costs up to and including 3 September 2009." "The Second Defendant is to pay the Plaintiffs' costs from 4 September 2009 to the conclusion of the proceedings." 'The Second Defendant is to pay the costs of the application for costs.']