Murphy v Nationwide News Pty Ltd (No 2) [2021] FCA 432

Murphy v Nationwide News Pty Ltd (No 2) [2021] FCA 432

The applicant was the successful party in a proceeding for defamation. The rejection of a Calderbank offer, though greater in amount than the judgment sum, was reasonable due to its conditions — including lack of vindication of reputation and the imposition of contractual obligations. Costs follow the event; there is no reason to depart from the ordinary rule.

Parties
Applicant: Mr Christopher Murphy; First Respondent: Nationwide News Pty Ltd ACN 008 438 828; Second Respondent: Ms Annette Sharp
Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Defamation / Costs Judgment Following Principal Judgment
Outcome
Judgment for applicant; respondents to pay applicant's costs.
Legal Topics
Costs, Calderbank Offers, Vindication, Entry of Judgment, Practice Directions, Offers of Compromise
Defamation Civil Procedure Costs Calderbank Offers Vindication Entry of Judgment Practice Directions Offers of Compromise

Case Brief

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Parties

Mr Christopher Murphy

Applicant

Nationwide News Pty Ltd ACN 008 438 828

First Respondent

Ms Annette Sharp

Second Respondent

Procedural Posture

Defamation / Costs Judgment Following Principal Judgment

Legal Issues

  1. 1 Whether there should be departure from the rule that costs follow the event
  2. 2 Effect of a Calderbank offer exceeding the sum awarded but accompanied by obligations
  3. 3 Whether unsuccessful imputations affect costs entitlement

Ratio Decidendi

The applicant was the successful party in a proceeding for defamation. The rejection of a Calderbank offer, though greater in amount than the judgment sum, was reasonable due to its conditions — including lack of vindication of reputation and the imposition of contractual obligations. Costs follow the event; there is no reason to depart from the ordinary rule.

Court Disposition

Judgment for applicant; respondents to pay applicant's costs.

Orders

  • Judgment be entered for the applicant against the respondents in the sum of $111,726.
  • The respondents pay the applicant's costs of the proceeding.