Macquarie Radio Network Pty Ltd v Arthur Dent (No 2) [2007] NSWCA 339

Macquarie Radio Network Pty Ltd v Arthur Dent (No 2) [2007] NSWCA 339

The respondent's offer of compromise complied with the UCPR and was not accepted; the respondent ultimately obtained a judgment no less favourable than the offer. No exceptional circumstances were shown to justify a departure from the usual order for indemnity costs, and thus the respondent is entitled to costs on an ordinary basis to 16 August 2006 and on an indemnity basis from 17 August 2006.

Parties
Appellant: Macquarie Radio Network Pty Ltd; Respondent: Arthur Dent
Jurisdiction
Australia
Judgment Date
28 November 2007
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Appellant ordered to pay costs on ordinary and indemnity basis as specified.
Legal Topics
Costs, Offer of Compromise, Indemnity Costs, Appeal, Defamation Proceedings
Civil Procedure Defamation Costs Offer of Compromise Indemnity Costs Appeal Defamation Proceedings

Case Brief

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Parties

Macquarie Radio Network Pty Ltd

Appellant

Arthur Dent

Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to indemnity costs following an offer of compromise under Uniform Civil Procedure Rules 2005 r 42.14
  2. 2 Whether there were exceptional circumstances justifying a departure from the rule for indemnity costs

Ratio Decidendi

The respondent's offer of compromise complied with the UCPR and was not accepted; the respondent ultimately obtained a judgment no less favourable than the offer. No exceptional circumstances were shown to justify a departure from the usual order for indemnity costs, and thus the respondent is entitled to costs on an ordinary basis to 16 August 2006 and on an indemnity basis from 17 August 2006.

Court Disposition

Appellant ordered to pay costs on ordinary and indemnity basis as specified.

Orders

  • The appellant is to pay the respondent's costs on an ordinary basis up until 16 August, 2006.
  • The appellant is to pay the respondent's costs on an indemnity basis from 17 August, 2006.