Coates v Harbour Radio Pty Ltd & Anor [2009] NSWSC 1047

Coates v Harbour Radio Pty Ltd & Anor [2009] NSWSC 1047

The jurisdiction under s 101(4) of the Civil Procedure Act 2005 to award interest on costs was not engaged because the plaintiff had not demonstrated that the application was brought to compensate him for any out-of-pocket loss; on the evidence, he was not personally bearing the costs but rather AOC Inc was, and the payments made by him were insufficient to persuade the court that the necessary conditions for granting interest were present. Even if jurisdiction had been established, the court would not have exercised its discretion to award interest to the plaintiff given the nature of the funding arrangements, the absence of personal financial detriment, and the lack of persuasive...

Parties
Plaintiff: John Dowling Coates; First Defendant: Harbour Radio Pty Ltd; Second Defendant: Alan Jones
Jurisdiction
Australia
Judgment Date
01 October 2009
Procedural Posture
Civil / Post Judgment Costs Application
Outcome
The motion is dismissed. The plaintiff is to pay the defendants' costs.
Legal Topics
Interest on Costs, Funding Arrangements for Litigation, Discretion to Award Costs Interest
Civil Procedure Defamation Interest on Costs Funding Arrangements for Litigation Discretion to Award Costs Interest

Case Brief

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Parties

John Dowling Coates

Plaintiff

Harbour Radio Pty Ltd

First Defendant

Alan Jones

Second Defendant

Procedural Posture

Civil / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the jurisdiction under s 101(4) of the Civil Procedure Act 2005 to award interest on costs is engaged in the circumstances of this case
  2. 2 Whether the exercise of discretion under s 101(4) should favour the plaintiff given the funding arrangement

Ratio Decidendi

The jurisdiction under s 101(4) of the Civil Procedure Act 2005 to award interest on costs was not engaged because the plaintiff had not demonstrated that the application was brought to compensate him for any out-of-pocket loss; on the evidence, he was not personally bearing the costs but rather AOC Inc was, and the payments made by him were insufficient to persuade the court that the necessary conditions for granting interest were present. Even if jurisdiction had been established, the court would not have exercised its discretion to award interest to the plaintiff given the nature of the funding arrangements, the absence of personal financial detriment, and the lack of persuasive...

Court Disposition

The motion is dismissed. The plaintiff is to pay the defendants' costs.

Orders

  • The motion is dismissed.
  • The plaintiff is to pay the defendants' costs.