Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607

Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607

Given the broad costs discretion, the interlocutory nature of the applications, each party's measure of success, Crikey's wholly unsuccessful application, the fact that Mr Murdoch's application led to proposed and filed amended defences addressing issues raised, and the undesirability of attempting to apportion costs by partial success or hearing time, the fair and just order was that the costs of both interlocutory applications be costs in the cause.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Costs on Interlocutory Applications Regarding Strike Out of Pleadings / Determination of Reserved Costs Question After Dismissal of Interlocutory Applications
Outcome
Costs for both interlocutory applications ordered to be costs in the cause.
Legal Topics
['interlocutory Applications' 'strike Out of Pleadings' 'costs in the Cause' 'costs Follow the Event' 'public Interest Defence']
['costs' 'civil Procedure' 'defamation'] ['interlocutory Applications' 'strike Out of Pleadings' 'costs in the Cause' 'costs Follow the Event' 'public Interest Defence']

Case Brief

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Procedural Posture

Costs on Interlocutory Applications Regarding Strike Out of Pleadings / Determination of Reserved Costs Question After Dismissal of Interlocutory Applications

Legal Issues

  1. 1 ["Whether costs of the applicant's interlocutory application and the respondents' interlocutory application should be costs in the cause or whether a costs order should be made in favour of the respondents in respect of the applicant's application." 'Whether the particular facts and circumstances justified departure from the general principle that costs follow the event.']

Ratio Decidendi

Given the broad costs discretion, the interlocutory nature of the applications, each party's measure of success, Crikey's wholly unsuccessful application, the fact that Mr Murdoch's application led to proposed and filed amended defences addressing issues raised, and the undesirability of attempting to apportion costs by partial success or hearing time, the fair and just order was that the costs of both interlocutory applications be costs in the cause.

Court Disposition

Costs for both interlocutory applications ordered to be costs in the cause.

Orders

  • ['Costs for the interlocutory applications filed respectively by the applicant on 22 September 2022 and by the respondents on 5 October 2022 be costs in the cause.']