Rothe v Scott (No. 5) [2016] NSWDC 225

Rothe v Scott (No. 5) [2016] NSWDC 225

The plaintiff is entitled to pre-judgment interest at 3% (amounting to $6,264) given evidence of significant damage shortly after publication. Indemnity costs are awarded as the defendant failed to make a reasonable settlement offer. Interest on costs is awarded at the prescribed rate per s 101, as no countervailing factor is identified and amendments do not apply to proceedings commenced before 24 November 2015.

Jurisdiction
Australia
Judgment Date
22 September 2016
Procedural Posture
Civil / Post Judgment Applications for Interest and Costs
Outcome
judgment for plaintiff on all applications
Legal Topics
['interest on Judgment' 'indemnity Costs' 'interest on Costs']
['tort' 'defamation'] ['interest on Judgment' 'indemnity Costs' 'interest on Costs']

Case Brief

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Procedural Posture

Civil / Post Judgment Applications for Interest and Costs

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to pre-judgment interest on damages' 'Whether costs should be ordered on an indemnity basis under s 40(2)(a) of the Defamation Act 2005 (NSW)' 'Whether the plaintiff is entitled to interest on costs under s 101 of the Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

The plaintiff is entitled to pre-judgment interest at 3% (amounting to $6,264) given evidence of significant damage shortly after publication. Indemnity costs are awarded as the defendant failed to make a reasonable settlement offer. Interest on costs is awarded at the prescribed rate per s 101, as no countervailing factor is identified and amendments do not apply to proceedings commenced before 24 November 2015.

Court Disposition

judgment for plaintiff on all applications

Orders

  • ['The plaintiff is awarded interest on costs at 3% from 12 March 2014, making a total of $6,264 and increasing the judgment sum to $156,264.' "The defendant is to pay the plaintiff's costs of these proceedings on an indemnity basis pursuant to s 40(2)(a) of the Defamation Act 2005 (NSW)." 'The plaintiff is entitled...