Network Ten Pty Limited v van Onselen (No 2) [2023] NSWSC 863

Network Ten Pty Limited v van Onselen (No 2) [2023] NSWSC 863

The plaintiff was entitled to an order for costs as it succeeded in obtaining a declaration of breach; the refusal of an injunction did not constitute partial success for the defendant and was not a proper basis for denying or reducing costs to the plaintiff.

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Equity Proceedings / Post Judgment Costs Order
Outcome
Defendant to pay plaintiff's costs
Legal Topics
['non Disparagement Clause' 'restraint of Trade' 'declaratory Relief' 'injunction' 'costs Order']
['equity' 'costs'] ['non Disparagement Clause' 'restraint of Trade' 'declaratory Relief' 'injunction' 'costs Order']

Case Brief

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Procedural Posture

Equity Proceedings / Post Judgment Costs Order

Legal Issues

  1. 1 ['Whether the defendant breached cl 7.1 of the Deed by publishing the Article' 'Whether the plaintiff is entitled to costs after obtaining a declaration but not an injunction' 'Validity of the non-disparagement clause as restraint of trade and against public policy']

Ratio Decidendi

The plaintiff was entitled to an order for costs as it succeeded in obtaining a declaration of breach; the refusal of an injunction did not constitute partial success for the defendant and was not a proper basis for denying or reducing costs to the plaintiff.

Court Disposition

Defendant to pay plaintiff's costs

Orders

  • ["The defendant is to pay the plaintiff's costs."]