Federal Court of Australia
Federal Court of Australia
Murphy v Nationwide News Pty Ltd (No 2) [2021] FCA 432 File number: NSD 1246 of 2020
Judgment of: LEE J
Date of judgment: 21 April 2021
Catchwords: COSTS – applicant successful in claim for defamation – whether there should be a departure from costs following the event – Calderbank offer – offer more than sum awarded – offer subject to a number of obligations visited upon offeree – no vindication of reputation – fact that applicant was only successful in relation to one imputation unimportant – proceeding is one for defamation in respect of the article published – the imputations are not the cause of action – costs follow the event HIGH COURT AND FEDERAL COURT – Calderbank v Calderbank is reported in the authorised reports produced by the Incorporated Council of Law Reporting for England and Wales and is reported as [1976] Fam 93 – the authorised citation should be used in preference to the commercial report citation ([1975] 3 All ER 333) used in submissions – reference to the convention that the authorised report of a judgment be cited and provided to a court in preference to other versions as reflected in the Lists of Authorities and Citations Practice Note (GPN-AUTH)
Legislation: Defamation Act 2005 (NSW) ss 4, 8, 40 Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 79 Federal Court Rules 2011 (Cth) Pt 25
Australian Guide to Legal Citation (Melbourne University Law Review and Melbourne Journal of International Law, 4th ed, 2018) Lists of Authorities and Citations Practice Note (GPN-AUTH) Supreme Court of New South Wales: Practice Note SC Gen 20 – Citation of Authority Supreme Court of Northern Territory: Practice Direction No 2 of 2007 – Citation of Authorities Supreme Court of Queensland: Practice Direction No 16 of 2013 – Citation of Authority Supreme Court of South Australia: Consolidated Practice Directions Supreme Court of Tasmania: Practice Direction No 3 of 2014 – Citation of Judgments Supreme Court of Victoria: Practice Note SC Gen 3 – Citation of Authorities and Legislation Supreme Court of Western Australia: Consolidated Practice Direction, PD 2.1
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate