Federal Court of Australia
Federal Court of Australia
Stead v Fairfax Media Publications Pty Ltd (No 2) [2021] FCA 65 File number: NSD 2153 of 2019
Judgment of: LEE J
Date of judgment: 8 February 2021
Catchwords: PRACTICE AND PROCEDURE – distinction between verdict and judgment at common law – order in terms of verdict and judgment in judge alone trial ahistorical – order for judgment only COSTS – whether to award indemnity costs – whether rejection of first offer of compromise unreasonable – assessment of whether judgment obtained was more favourable than the terms of the first offer – artificiality in assessing success of claim by reference to the different causes of action and imputations pleaded – need to assess whether, as a matter of substance, one state of affairs (that provided for by the judgment) is more favourable than another state of affairs (that provided for by the offer) – rejection of offer unreasonable – indemnity costs awarded in accordance with r 25.14(3) of the Federal Court Rules 2011 (Cth)
Legislation: Evidence Act 1995 (Cth) s 131 Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 43 53A, 53B Federal Court Rules 2011 (Cth) r 25 Defamation Act 2005 (NSW) s 40 Supreme Court Rules 1970 (NSW) Pt 22 (prior to amendment by Supreme Court Act 1970 - Supreme Court Rules (Amendment No 405) 2005 (2005-407) (NSW))
Cases cited: CGU Insurance Ltd v Corrections Corporation of Australia Staff Superannuation Ltd [2008] FCAFC 173; (2009) 15 ANZ Insurance Cases 61-785 Commercial Union Assurance Company of Australia Limited v Pelosi (No 2) (unreported, NSWCA, Handley, Sheller and Powell JJA, 27 February 1996) Ettingshausen v Australian Consolidated Press Ltd (1995) 38 NSWLR 404 Fotheringham v Fotheringham (No 2) [1999] NSWCA 21 Minister Administering the Environmental Planning and Assessment Act 1979 v Carson (1994) 35 NSWLR 342 NH v Director of Public Prosecutions for the State of South Australia [2016] HCA 33; (2016) 260 CLR 546 Otis Elevators Pty Ltd v Zitis (1986) 5 NSWLR 171 Phillips v Ellinson Brothers Pty Ltd (1941) 65 CLR 221
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