Polias v Ryall (No 2) [2015] NSWSC 1

Polias v Ryall (No 2) [2015] NSWSC 1

The defendants unreasonably failed to agree to reasonable settlement offers, triggering the mandatory indemnity costs provision in s 40 of the Defamation Act 2005. Each defendant is jointly and severally liable for the plaintiff's costs, but as between themselves must reimburse each other based on proportional shares. Interest on the plaintiff's costs is payable at the prescribed rate from the dates the plaintiff paid those costs until satisfaction by the defendants.

Parties
Plaintiff: Nicholas Polias; First Defendant: Tobin Ryall; Second Defendant: Andy Hun Wei Lee; Third Defendant: Sandy Jan; Fourth Defendant: Rhys Gould
Jurisdiction
Australia
Judgment Date
02 January 2015
Procedural Posture
Civil Defamation / Post Judgment, Costs and Interest Determination
Outcome
Orders as specified, including indemnity costs, interest on costs, and joint and several liability with proportionate reimbursement among defendants.
Legal Topics
Costs, Interest on Costs, Indemnity Costs, Joint and Several Liability, Proportionate Reimbursement
Defamation Civil Procedure Costs Interest on Costs Indemnity Costs Joint and Several Liability Proportionate Reimbursement

Case Brief

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Parties

Nicholas Polias

Plaintiff

Tobin Ryall

First Defendant

Andy Hun Wei Lee

Second Defendant

Sandy Jan

Third Defendant

Rhys Gould

Fourth Defendant

Procedural Posture

Civil Defamation / Post Judgment, Costs and Interest Determination

Legal Issues

  1. 1 Whether costs should be assessed on an indemnity basis
  2. 2 Whether liability for costs should be joint and several or proportionate
  3. 3 Whether interest should be payable on costs

Ratio Decidendi

The defendants unreasonably failed to agree to reasonable settlement offers, triggering the mandatory indemnity costs provision in s 40 of the Defamation Act 2005. Each defendant is jointly and severally liable for the plaintiff's costs, but as between themselves must reimburse each other based on proportional shares. Interest on the plaintiff's costs is payable at the prescribed rate from the dates the plaintiff paid those costs until satisfaction by the defendants.

Court Disposition

Orders as specified, including indemnity costs, interest on costs, and joint and several liability with proportionate reimbursement among defendants.

Orders

  • Orders (16) and (17) issued on 22 December 2014 in this matter are vacated.
  • Defendants shall pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed, on an indemnity basis. The liability for said costs shall be joint and several, and as between the defendants, each other defendant shall reimburse the first defendant for any amount paid by him over 36% of the...