Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145

Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145

The justification defence and related factual findings were not clearly separable from other defences upon which the respondents succeeded, and most costs would have been incurred regardless. No special circumstances justified departing from the principle that costs follow the event. The application to vary costs orders was accordingly dismissed with costs.

Parties
Appellant: Jeremy Norman Griffith; First Respondent: Australian Broadcasting Corporation; Second Respondent: David Millikan
Jurisdiction
Australia
Judgment Date
08 June 2011
Procedural Posture
Appeal / Application to Vary Costs Orders on Appeal
Outcome
Notice of Motion dismissed with costs.
Legal Topics
Costs, Appeal Procedure, Variation of Orders
Civil Procedure Costs Appeal Procedure Variation of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Jeremy Norman Griffith

Appellant

Australian Broadcasting Corporation

First Respondent

David Millikan

Second Respondent

Procedural Posture

Appeal / Application to Vary Costs Orders on Appeal

Legal Issues

  1. 1 Whether the Court of Appeal should vary the costs order made on appeal and at first instance after dismissal of the appeal, specifically in relation to costs attributable to the justification defence.

Ratio Decidendi

The justification defence and related factual findings were not clearly separable from other defences upon which the respondents succeeded, and most costs would have been incurred regardless. No special circumstances justified departing from the principle that costs follow the event. The application to vary costs orders was accordingly dismissed with costs.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • Notice of motion dismissed with costs.