Habib v Radio 2UE Pty Ltd [2011] NSWDC 52

Habib v Radio 2UE Pty Ltd [2011] NSWDC 52

The application for costs to be assessed forthwith was refused because there was no adequate explanation for the plaintiff's delay in bringing the application, the proceedings were soon to be determined at trial, and interlocutory costs are generally not payable forthwith absent special circumstances, particularly in defamation proceedings where a special statutory costs regime applies.

Jurisdiction
Australia
Judgment Date
16 June 2011
Procedural Posture
Civil / Interlocutory Costs Application Following Remitter From Court of Appeal; Application for Costs to Be Assessed Forthwith
Outcome
Application refused with costs.
Legal Topics
['assessment of Costs' 'interlocutory Applications' 'defamation Proceedings']
['civil Procedure' 'defamation' 'costs'] ['assessment of Costs' 'interlocutory Applications' 'defamation Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory Costs Application Following Remitter From Court of Appeal; Application for Costs to Be Assessed Forthwith

Legal Issues

  1. 1 ["Whether the costs of the defendants' unsuccessful motion to strike out proceedings as an abuse of process should be assessed forthwith" 'Whether the costs application was made with due expedition' 'Whether indemnity costs should be ordered']

Ratio Decidendi

The application for costs to be assessed forthwith was refused because there was no adequate explanation for the plaintiff's delay in bringing the application, the proceedings were soon to be determined at trial, and interlocutory costs are generally not payable forthwith absent special circumstances, particularly in defamation proceedings where a special statutory costs regime applies.

Court Disposition

Application refused with costs.

Orders

  • ["The plaintiff's application for the costs of 7 and 23 March and 16 April 2008 to be assessed forthwith is refused with costs."]