Greiss v Seven Network Operations Ltd (Costs) [2024] FCA 377

Greiss v Seven Network Operations Ltd (Costs) [2024] FCA 377

The applicant achieved only modest success, recovering damages in relation to one publication out of three, and could have brought the proceedings in the District Court of NSW; thus, costs were awarded on a party and party basis, to be calculated as if commenced in the District Court, and not on the full scale. The discretion under r 40.08(a) was exercised accordingly.

Parties
Applicant: Mina Greiss; First Respondent: Seven Network (Operations) Limited; Second Respondent: Leonie Ryan
Jurisdiction
Australia
Judgment Date
16 April 2024
Procedural Posture
Action for Defamation / Post Liability, Costs Determination
Outcome
Costs awarded to applicant against first respondent, reduced by calculation method.
Legal Topics
Costs, Mixed Success, Contextual Truth Defence, Jurisdiction, Party and Party Basis
Defamation Civil Procedure Costs Mixed Success Contextual Truth Defence Jurisdiction Party and Party Basis

Case Brief

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Parties

Mina Greiss

Applicant

Seven Network (Operations) Limited

First Respondent

Leonie Ryan

Second Respondent

Procedural Posture

Action for Defamation / Post Liability, Costs Determination

Legal Issues

  1. 1 Whether respondents should pay applicant's costs given limited success
  2. 2 Whether costs should be reduced under r 40.08(a) of the Federal Court Rules 2011 (Cth)
  3. 3 Assessment of jurisdictional appropriateness for the proceedings

Ratio Decidendi

The applicant achieved only modest success, recovering damages in relation to one publication out of three, and could have brought the proceedings in the District Court of NSW; thus, costs were awarded on a party and party basis, to be calculated as if commenced in the District Court, and not on the full scale. The discretion under r 40.08(a) was exercised accordingly.

Court Disposition

Costs awarded to applicant against first respondent, reduced by calculation method.

Orders

  • The first respondent pay the applicant's costs on a party and party basis to be calculated as if the proceedings had been brought in the District Court of New South Wales.