O’Shane v Harbour Radio Pty Limited [2014] NSWSC 1947

O’Shane v Harbour Radio Pty Limited [2014] NSWSC 1947

In circumstances where proceedings have settled in principle, the proper course is to refer the remaining costs dispute, including a third party claim, to mediation pursuant to s 26 of the Civil Procedure Act 2005 (NSW), as publishing a reserved judgment would not assist in final resolution of costs and may be inappropriate given the status of the litigation.

Parties
Plaintiff: Patricia O'Shane; First Defendant: Harbour Radio Pty Ltd; Second Defendant: Alan Jones; Interested Party: Chief Executive, Judicial Commission of New South Wales
Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Defamation / Referral to Mediation After Interlocutory Application
Outcome
Referral to mediation
Legal Topics
Costs, Settlement, Mediation, Public Interest Immunity, Subpoena
Practice and Procedure Costs Settlement Mediation Public Interest Immunity Subpoena

Case Brief

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Parties

Patricia O'Shane

Plaintiff

Harbour Radio Pty Ltd

First Defendant

Alan Jones

Second Defendant

Chief Executive, Judicial Commission of New South Wales

Interested Party

Procedural Posture

Defamation / Referral to Mediation After Interlocutory Application

Legal Issues

  1. 1 Whether the Court can determine costs issues where proceedings have settled in principle
  2. 2 Balancing public interest in confidentiality vs disclosure in settled litigation
  3. 3 Appropriate procedure for resolving third party costs claims after settlement

Ratio Decidendi

In circumstances where proceedings have settled in principle, the proper course is to refer the remaining costs dispute, including a third party claim, to mediation pursuant to s 26 of the Civil Procedure Act 2005 (NSW), as publishing a reserved judgment would not assist in final resolution of costs and may be inappropriate given the status of the litigation.

Court Disposition

Referral to mediation

Orders

  • Pursuant to s 26 of the Civil Procedure Act, proceedings referred to mediation including the Judicial Commission's Notice of Motion with plaintiff, defendant, and Judicial Commission as parties.
  • Judicial Commission directed to quantify amount claimed under four heads, specifying incurred costs and acceptable amounts.