YOUNG V TELEVISION NEW ZEALAND LIMITED HC AK CIV 2011-404-008076

YOUNG V TELEVISION NEW ZEALAND LIMITED HC AK CIV 2011-404-008076

The Court classified the proceeding as Category 3, declined to reserve costs pending appeal or trial, awarded the defendants costs for the interlocutory applications on a 3B basis including certification for second counsel, allowed claimed disbursements, refused an uplift, disallowed costs for steps prior to 24 February 2012 and for memoranda seeking costs, and left other earlier steps for later determination.

Citation
openlaw-7e493cbf_e0dc_4348_9d6d_c0b9ac612e2b.pdf
Parties
Plaintiff: Daryl Young; First Defendant: Television New Zealand Limited; Second Defendant: Red Sky Film & Television Limited; Third Defendant: Bryan Bruce
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 December 2012
Procedural Posture
Defamation / Interlocutory Applications and Costs Judgment
Outcome
Plaintiff ordered to pay defendants' costs for specified interlocutory steps; costs fixed and payable now subject to any stay application
Legal Topics
Qualified Privilege, Ill Will / Improper Advantage, Meaning of Publication, Costs Categorisation, Second Counsel Certification
Defamation Civil Procedure Costs Qualified Privilege Ill Will / Improper Advantage Meaning of Publication Costs Categorisation Second Counsel Certification

Case Brief

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Parties

Daryl Young

Plaintiff

Television New Zealand Limited

First Defendant

Red Sky Film & Television Limited

Second Defendant

Bryan Bruce

Third Defendant

Procedural Posture

Defamation / Interlocutory Applications and Costs Judgment

Legal Issues

  1. 1 Whether the pleaded publications were capable of bearing the alleged defamatory meanings
  2. 2 Whether defendants validly pleaded and are entitled to rely on qualified privilege under s 19 Defamation Act 1992
  3. 3 Whether the particulars of ill will pleaded by the plaintiff should be struck out

Ratio Decidendi

The Court classified the proceeding as Category 3, declined to reserve costs pending appeal or trial, awarded the defendants costs for the interlocutory applications on a 3B basis including certification for second counsel, allowed claimed disbursements, refused an uplift, disallowed costs for steps prior to 24 February 2012 and for memoranda seeking costs, and left other earlier steps for later determination.

Court Disposition

Plaintiff ordered to pay defendants' costs for specified interlocutory steps; costs fixed and payable now subject to any stay application

Orders

  • Plaintiff to pay defendants' costs for the interlocutory applications specified in the judgment
  • Costs to be calculated on a 3B basis including allowance for second counsel