North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin (No. 2) [2014] NSWDC 142

North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin (No. 2) [2014] NSWDC 142

The plaintiffs were entitled to pre-judgment interest at 3% per annum from commencement of proceedings on 4 December 2013 to the damages awards on 8 August 2014 because the publications and proceedings occurred over a short period and that rate is generally applied in defamation proceedings. The plaintiffs were also entitled to indemnity costs from 14 March 2014 because, after judgment had been entered against him and damages alone remained, the defendant unreasonably failed to make any settlement offer, engaging s 40 Defamation Act 2005 (NSW), and the interests of justice did not require otherwise.

Jurisdiction
Australia
Judgment Date
01 September 2014
Procedural Posture
Defamation Proceedings / On the Papers Application for Costs and Interest After Judgment
Outcome
Orders for judgment varied to include pre-judgment interest, and the defendant ordered to pay costs on the ordinary basis until 14 March 2014 and on an indemnity basis from 14 March 2014.
Legal Topics
['interest on Damages' 'pre Judgment Interest' 'indemnity Costs' 'settlement Offers' 'assessment of Damages After Entry of Judgment']
['defamation' 'civil Procedure' 'costs'] ['interest on Damages' 'pre Judgment Interest' 'indemnity Costs' 'settlement Offers' 'assessment of Damages After Entry of Judgment']

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Procedural Posture

Defamation Proceedings / On the Papers Application for Costs and Interest After Judgment

Legal Issues

  1. 1 ['Whether pre-judgment interest should be awarded on the damages sums pursuant to s 100 Civil Procedure Act 2005 (NSW), and at what rate and for what period.' "Whether the defendant should pay the plaintiffs' costs on an indemnity basis under s 40 Defamation Act 2005 (NSW) from 14 March 2014 because of failure to make a settlement offer after judgment had been entered."]

Ratio Decidendi

The plaintiffs were entitled to pre-judgment interest at 3% per annum from commencement of proceedings on 4 December 2013 to the damages awards on 8 August 2014 because the publications and proceedings occurred over a short period and that rate is generally applied in defamation proceedings. The plaintiffs were also entitled to indemnity costs from 14 March 2014 because, after judgment had been entered against him and damages alone remained, the defendant unreasonably failed to make any settlement offer, engaging s 40 Defamation Act 2005 (NSW), and the interests of justice did not require otherwise.

Court Disposition

Orders for judgment varied to include pre-judgment interest, and the defendant ordered to pay costs on the ordinary basis until 14 March 2014 and on an indemnity basis from 14 March 2014.

Orders

  • ['Orders for judgment for the plaintiffs of 8 August 2014 varied as follows: as to the first plaintiff, order pre-judgment interest in the amount of $1,015, resulting in judgment for the first plaintiff for the sum of $51,015.' 'As to the second plaintiff, order pre-judgment interest in the amount of $2,030,...