Sleeman v Tuloch Pty Ltd t/as Palms on Oxford (No 4) [2013] NSWDC 111

Sleeman v Tuloch Pty Ltd t/as Palms on Oxford (No 4) [2013] NSWDC 111

It was unreasonable for the plaintiff not to accept the offer to make amends, which provided a substantial apology and payment of reasonable legal costs, remained open for the entire litigation, and was responsive to the pleaded defamation case. Accordingly, indemnity costs should be ordered under s 40(2)(b) Defamation Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Civil / Post Judgment Application for Costs
Outcome
Defenders' application for indemnity costs granted; plaintiff to pay defendants' costs on indemnity basis; hearing regarding costs order against solicitor vacated and stood over.
Legal Topics
['indemnity Costs' 'offer to Make Amends' 'settlement Offers' 'reasonableness of Refusal' 'qualified Privilege']
['defamation' 'civil Procedure' 'costs'] ['indemnity Costs' 'offer to Make Amends' 'settlement Offers' 'reasonableness of Refusal' 'qualified Privilege']

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Procedural Posture

Civil / Post Judgment Application for Costs

Legal Issues

  1. 1 ['Was the offer to make amends reasonable at the time it was made?' 'Did the plaintiff unreasonably fail to accept the settlement offer made by the defendants?' 'Entitlement to indemnity costs under s 40(2)(b) Defamation Act 2005 (NSW)']

Ratio Decidendi

It was unreasonable for the plaintiff not to accept the offer to make amends, which provided a substantial apology and payment of reasonable legal costs, remained open for the entire litigation, and was responsive to the pleaded defamation case. Accordingly, indemnity costs should be ordered under s 40(2)(b) Defamation Act 2005 (NSW).

Court Disposition

Defenders' application for indemnity costs granted; plaintiff to pay defendants' costs on indemnity basis; hearing regarding costs order against solicitor vacated and stood over.

Orders

  • ["The hearing of the defendants' application for a costs order against Mr Dezarnaulds today is vacated." 'Mr Dezarnaulds is to pay the costs thrown away by reason of the vacation of the hearing date on an indemnity basis.' "The defendants' application for a costs order against Mr Dezarnaulds for the whole...