Chel v Fairfax Media Publications Pty Ltd (No 8) [2017] NSWSC 1315

Chel v Fairfax Media Publications Pty Ltd (No 8) [2017] NSWSC 1315

Although the plaintiff was partially successful, she succeeded on the most significant imputations and made reasonable offers of compromise. However, her overall refusal to admit obvious facts and to engage with the notice to admit unreasonably prolonged the hearing and breached obligations under the Civil Procedure Act. The Court exercised its discretion to reduce costs awarded to the plaintiff to three quarters of her ordinary costs instead of granting indemnity costs post-offer or a full ordinary basis recovery.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Defamation / Post Trial, Determination of Interest and Costs
Outcome
Judgment for the plaintiff. Defendants to pay three quarters of the plaintiff's costs on an ordinary basis, excepting prior specified orders.
Legal Topics
['interest' 'offer of Compromise' 'mixed Success on Imputations' 'notice to Admit' 'indemnity Costs' 'ordinary Basis Costs' 'reduction for Unreasonable Conduct']
['defamation' 'costs'] ['interest' 'offer of Compromise' 'mixed Success on Imputations' 'notice to Admit' 'indemnity Costs' 'ordinary Basis Costs' 'reduction for Unreasonable Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Post Trial, Determination of Interest and Costs

Legal Issues

  1. 1 ['Whether plaintiff is entitled to prejudgment interest and at what rate and period' "Whether the costs should be on an ordinary or indemnity basis or be reduced due to plaintiff's conduct" "Whether mixed success on imputations or findings as to plaintiff's credibility should justify an order otherwise as to costs under UCPR 42.14(2) and 42.8(2)"]

Ratio Decidendi

Although the plaintiff was partially successful, she succeeded on the most significant imputations and made reasonable offers of compromise. However, her overall refusal to admit obvious facts and to engage with the notice to admit unreasonably prolonged the hearing and breached obligations under the Civil Procedure Act. The Court exercised its discretion to reduce costs awarded to the plaintiff to three quarters of her ordinary costs instead of granting indemnity costs post-offer or a full ordinary basis recovery.

Court Disposition

Judgment for the plaintiff. Defendants to pay three quarters of the plaintiff's costs on an ordinary basis, excepting prior specified orders.

Orders

  • ['Judgment for the plaintiff against the defendants for $120,268.49.' "The first and second defendants pay three quarters of the plaintiff's costs of the proceedings on the ordinary basis, other than the costs the subject of order 5 made by the Court of Appeal on 2 December 2015."]