Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 2) [2009] NSWDC 128

Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 2) [2009] NSWDC 128

Given the complexity of the proceedings, particularly as the defamation claim was not straightforward and involved issues beyond the ordinary, orders for costs were made including indemnity costs after specific dates, costs for two counsel, specific awards of interest, and provision that each party bear their own costs for abandoned negligence claims.

Parties
Plaintiff: Karl Webster; Plaintiff: Stewart James Thompson; Defendant: Coles Myer Limited
Jurisdiction
Australia
Judgment Date
15 May 2009
Procedural Posture
Civil / Post Judgment; Application to Vary Orders as to Interest, Superannuation, Costs, and Stay
Outcome
Orders regarding variation of interest and superannuation, certification for two counsel, specification of costs on various bases, and a 28-day stay with liberty to apply.
Legal Topics
Defamation, Costs, Interest, Superannuation, False Imprisonment
Tort Defamation Costs Interest Superannuation False Imprisonment

Case Brief

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Parties

Karl Webster

Plaintiff

Stewart James Thompson

Plaintiff

Coles Myer Limited

Defendant

Procedural Posture

Civil / Post Judgment; Application to Vary Orders as to Interest, Superannuation, Costs, and Stay

Legal Issues

  1. 1 Whether costs should be assessed on an indemnity basis after rejection of offers of compromise
  2. 2 Whether to award interest, superannuation, and specify daily interest rates
  3. 3 Entitlement to costs for two counsel

Ratio Decidendi

Given the complexity of the proceedings, particularly as the defamation claim was not straightforward and involved issues beyond the ordinary, orders for costs were made including indemnity costs after specific dates, costs for two counsel, specific awards of interest, and provision that each party bear their own costs for abandoned negligence claims.

Court Disposition

Orders regarding variation of interest and superannuation, certification for two counsel, specification of costs on various bases, and a 28-day stay with liberty to apply.

Orders

  • Vary order 1 of judgment of 28 April 2009 to include interest in sum of $9,503.19 making total of $89,770.19 up to and including 28 April 2009 with daily interest of $5.77 thereafter.
  • Vary order 2 of judgment of 28 April 2009 to include interest of $26,977.86, daily rate of $16.38, and agreed rate for past/future superannuation of $15,733.00 making total of $296,660.02 inclusive of interest up to and including 28 April 2009.