Prouten v Buxton (No 2) [2024] NSWDC 445

Prouten v Buxton (No 2) [2024] NSWDC 445

The referee's report should be adopted in full as to quantification of the defendant’s costs on the ordinary basis, as the process was conducted appropriately, no error of substance was established in methodology, the plaintiff’s objections did not warrant rejection, and indemnity costs were not ordered since refusal of the defendant’s settlement offer was not unreasonable in the circumstances.

Parties
Plaintiff: Sandra Prouten; Defendant: Anthony Buxton
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Civil; Defamation / Costs Determination Post Trial Judgment
Outcome
Costs referee’s report adopted; plaintiff to pay defendant’s costs of proceedings on ordinary basis; plaintiff to pay report fees and application costs.
Legal Topics
Referral to Referee, Gross Sum Costs Order, Indemnity Vs Ordinary Costs, Adoption of Referee’s Report
Costs Defamation Referral to Referee Gross Sum Costs Order Indemnity Vs Ordinary Costs Adoption of Referee’s Report

Case Brief

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Parties

Sandra Prouten

Plaintiff

Anthony Buxton

Defendant

Procedural Posture

Civil; Defamation / Costs Determination Post Trial Judgment

Legal Issues

  1. 1 Whether the report of the costs referee should be adopted under UCPR r 20.24
  2. 2 Whether costs should be awarded on the ordinary or indemnity basis

Ratio Decidendi

The referee's report should be adopted in full as to quantification of the defendant’s costs on the ordinary basis, as the process was conducted appropriately, no error of substance was established in methodology, the plaintiff’s objections did not warrant rejection, and indemnity costs were not ordered since refusal of the defendant’s settlement offer was not unreasonable in the circumstances.

Court Disposition

Costs referee’s report adopted; plaintiff to pay defendant’s costs of proceedings on ordinary basis; plaintiff to pay report fees and application costs.

Orders

  • Pursuant to UCPR r 20.24 the report of Christopher Wall is adopted in whole as to the quantification of the defendant's costs, on the ordinary basis, for the costs of the proceedings.
  • The plaintiff is to pay the defendant's costs of these proceedings in the sum of $178,223.50.