Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187

Bastiaan v Nine Entertainment Co Holdings Limited (No 2) [2022] FCA 187

The respondents are ordered to pay 75% of the applicant's costs of the interlocutory application and case management hearing, reflecting his substantial but not complete success and the balancing of discretionary factors given the stage and complexity of proceedings.

Parties
Applicant: Marcus Bastiaan; First Respondent: Nine Entertainment Co Holdings Limited (ACN 122 203 892); Second Respondent: Nine Network Australia Pty Ltd (ACN 008 685 407); Third Respondent: General Television Corporation Pty Ltd (ACN 004 330 036); Fourth Respondent: TCN Channel Nine Pty Ltd (ACN 001 549 560); Fifth Respondent: NBN Pty Ltd (ACN 000 232 486); Sixth Respondent: Queensland Television Ltd (ACN 009 674 373); Seventh Respondent: Channel 9 South Australia Pty Ltd (ACN 007 577 880); Eighth Respondent: Swan Television & Radio Broadcasters Pty Ltd (ACN 008 689 745); Ninth Respondent: Nine Digital Pty Limited (ACN 077 753 461); Tenth Respondent: The Age Company Pty Limited (ACN 004 262 702); Eleventh Respondent: Fairfax Media Publications Pty Limited (ACN 003 357 720); Twelfth Respondent: Nick McKenzie
Jurisdiction
Australia
Judgment Date
16 February 2022
Procedural Posture
Application for Costs Following Interlocutory Injunction / Post Interlocutory Relief, Costs Adjudication
Outcome
Partly in favour of applicant; costs awarded on partial basis
Legal Topics
Costs, Interlocutory Injunctions, Defamation
Civil Procedure Costs Interlocutory Injunctions Defamation

Case Brief

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Parties

Marcus Bastiaan

Applicant

Nine Entertainment Co Holdings Limited (ACN 122 203 892)

First Respondent

Nine Network Australia Pty Ltd (ACN 008 685 407)

Second Respondent

General Television Corporation Pty Ltd (ACN 004 330 036)

Third Respondent

TCN Channel Nine Pty Ltd (ACN 001 549 560)

Fourth Respondent

NBN Pty Ltd (ACN 000 232 486)

Fifth Respondent

Queensland Television Ltd (ACN 009 674 373)

Sixth Respondent

Channel 9 South Australia Pty Ltd (ACN 007 577 880)

Seventh Respondent

Swan Television & Radio Broadcasters Pty Ltd (ACN 008 689 745)

Eighth Respondent

Nine Digital Pty Limited (ACN 077 753 461)

Ninth Respondent

The Age Company Pty Limited (ACN 004 262 702)

Tenth Respondent

Fairfax Media Publications Pty Limited (ACN 003 357 720)

Eleventh Respondent

Nick McKenzie

Twelfth Respondent

Procedural Posture

Application for Costs Following Interlocutory Injunction / Post Interlocutory Relief, Costs Adjudication

Legal Issues

  1. 1 Appropriate order for costs following interlocutory application where applicant had mixed success
  2. 2 Whether costs should be discounted for unsuccessful or abandoned claims
  3. 3 Scope of costs discretion under Federal Court Act

Ratio Decidendi

The respondents are ordered to pay 75% of the applicant's costs of the interlocutory application and case management hearing, reflecting his substantial but not complete success and the balancing of discretionary factors given the stage and complexity of proceedings.

Court Disposition

Partly in favour of applicant; costs awarded on partial basis

Orders

  • The respondents pay the applicant 75% of his costs of the interlocutory application filed on 6 December 2021 as amended and the case management hearing of 16 November 2021, such costs to be agreed and, in default of agreement, taxed immediately and payable forthwith.
  • The respondents' interlocutory application dated 10 December 2021 be dismissed with no order as to costs.