Al Muderis v Nine Network Australia Pty Limited (No 3) [2024] FCA 204

Al Muderis v Nine Network Australia Pty Limited (No 3) [2024] FCA 204

There are no sufficient reasons to depart from the default position that costs follow the event for an unsuccessful interlocutory application challenging journalist privilege, as the application was distinct from the principal proceeding and failure in the application means the respondents are entitled to their costs.

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Application to Vary Interlocutory Costs Order in Ongoing Proceeding / Costs Decision Following Interlocutory Application
Outcome
Application to vary costs order dismissed with costs
Legal Topics
['costs' 'journalist Privilege' 'discovery' 'defamation Defences']
['civil Procedure' 'evidence Law' 'defamation'] ['costs' 'journalist Privilege' 'discovery' 'defamation Defences']

Case Brief

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Procedural Posture

Application to Vary Interlocutory Costs Order in Ongoing Proceeding / Costs Decision Following Interlocutory Application

Legal Issues

  1. 1 ['Whether the costs order following an unsuccessful interlocutory application challenging journalist privilege should be varied to be costs in the cause rather than costs following the event']

Ratio Decidendi

There are no sufficient reasons to depart from the default position that costs follow the event for an unsuccessful interlocutory application challenging journalist privilege, as the application was distinct from the principal proceeding and failure in the application means the respondents are entitled to their costs.

Court Disposition

Application to vary costs order dismissed with costs

Orders

  • ["The applicant's application to vary order 3 of the orders made on 19 December 2023 is dismissed." "The applicant pay the respondents' costs of and incidental to this application."]