Federal Court of Australia
Federal Court of Australia
Colagrande v Kim (No 2) [2022] FCA 659 File number(s): NSD 587 of 2021
Judgment of: JAGOT J
Date of judgment: 7 June 2022
Catchwords: COSTS — application for indemnity costs due to respondents' unmeritorious denials in face of overwhelming contrary evidence and failure to accept settlement offers — where no basis for indemnity costs under general law but s 40 of Defamation Act 2005 (NSW) applies — where respondents unreasonably failed to make settlement offer and no foundation for interests of justice requiring otherwise than indemnity costs under s 40(2) — indemnity costs ordered
Legislation: Defamation Act 2005 (NSW) ss 3(d), 13, 17, 18, 40, 40(2)(a), 40(3) Federal Court Rules 2011 (Cth)
Cases cited: Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) [2021] FCA 246; (2021) 151 ACSR 26 Colagrande v Kim [2022] FCA 409. Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Hayson v The Age Company Pty Ltd (No 3) [2020] FCA 1163; (2020) 280 FCR 139 Vector Corrosion Technologies Limited v E-Chem Technologies Ltd [2022] FCA 519 Zoef v Nationwide News Pty Ltd (No 2) [2017] NSWCA 2
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 38
Date of last submissions: 20 May 2022
Date of hearing: Determined on the papers
Counsel for the Applicant: Ms S Chrysanthou SC and Mr H Elachkar
Solicitor for the Applicant: Fraser Lawyers
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