Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hockey v Fairfax Media Publications Pty Limited (No 2) [2015] FCA 750 Citation: Hockey v Fairfax Media Publications Pty Limited (No 2) [2015] FCA 750
Parties: JOSEPH BENEDICT HOCKEY v FAIRFAX MEDIA PUBLICATIONS PTY LIMITED ACN 003 357 720 JOSEPH BENEDICT HOCKEY v THE AGE COMPANY LIMITED ACN 004 262 702 JOSEPH BENEDICT HOCKEY v THE FEDERAL CAPITAL PRESS OF AUSTRALIA PTY LTD ACN 008 394 063
File numbers: NSD 489 of 2014 NSD 491 of 2014 NSD 492 of 2014
Judge: WHITE J
Date of judgment: 22 July 2015
Catchwords: DEFAMATION – remedies – whether permanent injunctions should be granted restraining respondents from publishing same or like imputations – whether Uniform Defamation Acts would require applicant to seek leave before suing on future publications – matters of principle relevant to consideration COSTS – indemnity costs – application of Defamation Act 2005 (NSW) s 40 and its counterparts – whether respondents failed unreasonably to make or accept settlement offers COSTS – exercise of costs discretion under Federal Court of Australia Act 1976 (Cth) s 43 – multiple proceedings – applicant partly successful in two proceedings, wholly unsuccessful in one – common substratum of fact and law – whether differential costs order should be made – respondents part of same corporate group with common representation – damages assessed as though multiple proceedings constituted a single action
Legislation: Defamation Act 1974 (NSW) s 48A Defamation Act 2005 (NSW) ss 23, 40 Defamation Amendment Act 2002 (NSW) Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 79
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