Ell v Milne (No 9) [2014] NSWSC 489

Ell v Milne (No 9) [2014] NSWSC 489

Neither party acted unreasonably during negotiations; the apologies offered by the defendant were genuine but did not achieve a better result than litigation. Plaintiff was successful but did not give evidence and was not awarded damages for hurt feelings; publication was limited. The circumstances, including the plaintiff’s conduct, did not warrant awarding costs to either party. Each party to bear his or her own costs.

Jurisdiction
Australia
Judgment Date
11 April 2014
Procedural Posture
Defamation / Costs Determination After Principal Judgment
Outcome
Each party to bear his or her own costs of the proceedings
Legal Topics
['apology' 'limited Circulation Publication' 'damages' 'settlement Offers' 'qualified Privilege' 'truth Defence' 'contextual Truth Defence']
['defamation' 'costs'] ['apology' 'limited Circulation Publication' 'damages' 'settlement Offers' 'qualified Privilege' 'truth Defence' 'contextual Truth Defence']

Case Brief

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Procedural Posture

Defamation / Costs Determination After Principal Judgment

Legal Issues

  1. 1 ["Whether acceptance of defendant's offer to publish an apology would have achieved a better result than litigation" 'Whether plaintiff is entitled to costs after not giving evidence and failing to obtain an award for hurt feelings' 'Whether the claim was cynically motivated']

Ratio Decidendi

Neither party acted unreasonably during negotiations; the apologies offered by the defendant were genuine but did not achieve a better result than litigation. Plaintiff was successful but did not give evidence and was not awarded damages for hurt feelings; publication was limited. The circumstances, including the plaintiff’s conduct, did not warrant awarding costs to either party. Each party to bear his or her own costs.

Court Disposition

Each party to bear his or her own costs of the proceedings

Orders

  • ['Each party bear his or her own costs of the proceedings']