McMullen v TCN Channel Nine Pty Ltd [2000] NSWSC 938

McMullen v TCN Channel Nine Pty Ltd [2000] NSWSC 938

The plaintiff was entitled to interest for the full period without deduction because the delay relied on by the defendant was not a sufficient reason to deprive the plaintiff of interest. Costs should generally follow the event, and the defendant had not shown a basis for apportionment by reference to the failed imputation because the relevant evidence applied to all imputations. However, the cost of obtaining the plaintiff's financial report was excluded because it related to the discrete rejected special damages issue.

Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Defamation / Determination of Interest and Costs After Judgment
Outcome
Judgment entered for the plaintiff on Imputations (b) and (c) in the sum of $165,220, with the defendant to pay the plaintiff's costs except the cost of preparing the plaintiff's financial report.
Legal Topics
['interest' 'costs' 'imputations' 'special Damages']
['defamation' 'civil Procedure'] ['interest' 'costs' 'imputations' 'special Damages']

Case Brief

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Procedural Posture

Defamation / Determination of Interest and Costs After Judgment

Legal Issues

  1. 1 ["Whether interest should be reduced because of delay in the plaintiff's prosecution of the proceedings." 'Whether a special costs order should be made because the plaintiff failed on one imputation.' "Whether a special costs order should be made because the plaintiff's claim for special damages by way of loss of income was rejected."]

Ratio Decidendi

The plaintiff was entitled to interest for the full period without deduction because the delay relied on by the defendant was not a sufficient reason to deprive the plaintiff of interest. Costs should generally follow the event, and the defendant had not shown a basis for apportionment by reference to the failed imputation because the relevant evidence applied to all imputations. However, the cost of obtaining the plaintiff's financial report was excluded because it related to the discrete rejected special damages issue.

Court Disposition

Judgment entered for the plaintiff on Imputations (b) and (c) in the sum of $165,220, with the defendant to pay the plaintiff's costs except the cost of preparing the plaintiff's financial report.

Orders

  • ['Interest allowed in the amount of $15,220.' 'Judgment for the plaintiff on Imputations (b) and (c) in the sum of $165,220.' "The defendant is to pay the plaintiff's costs of the proceedings, but such costs are not to include the preparation of the plaintiff's financial report."]