Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 540

Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 540

The 'claims' to which the offers of compromise related remained substantively the same through to judgment, and there were no sufficient grounds to otherwise depart from the ordinary rule; therefore, the plaintiff is entitled to indemnity costs from the date of the offer.

Parties
Plaintiff: John Robert Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
27 June 2001
Procedural Posture
Application for Costs in Defamation Proceedings / Post Judgment Application for Indemnity Costs
Outcome
Application for indemnity costs allowed.
Legal Topics
Indemnity Costs, Offer of Compromise, Pleading in Defamation, Costs Orders
Defamation Civil Procedure Indemnity Costs Offer of Compromise Pleading in Defamation Costs Orders

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Parties

John Robert Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Application for Costs in Defamation Proceedings / Post Judgment Application for Indemnity Costs

Legal Issues

  1. 1 Whether indemnity costs should be awarded in accordance with SCR Pt 52A r 22 from the date of the plaintiff's offer of compromise
  2. 2 Whether the claims to which the offer of compromise related remained substantially the same at judgment

Ratio Decidendi

The 'claims' to which the offers of compromise related remained substantively the same through to judgment, and there were no sufficient grounds to otherwise depart from the ordinary rule; therefore, the plaintiff is entitled to indemnity costs from the date of the offer.

Court Disposition

Application for indemnity costs allowed.

Orders

  • In each action, the defendant is to pay the plaintiff's costs on a party and party basis up to 25 February 1997, and on an indemnity basis thereafter.