Federal Court of Australia
Federal Court of Australia
Palmer v McGowan (No 6) [2022] FCA 927 File number: NSD 912 of 2020
Judgment of: LEE J
Date of judgment: 11 August 2022
Catchwords: COSTS – appropriate award for costs – artificiality in assessing success of claim by reference to only economic considerations – 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) – ultimate question is what is a just cost order in all the circumstances – costs awarded but not on an indemnity basis
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(3), 37N(1), 37N(4) Federal Court Rules 2011 (Cth) rr 25, 40.08 Defamation Act 2005 (NSW) Defamation Act 2005 (WA) s 40
Cases cited: Calderbank v Calderbank [1976] Fam 93 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Murphy v Nationwide News Pty Ltd (No 2) [2021] FCA 432 Oliver v Nine Network Australia Pty Ltd [2019] FCA 583 Palmer v McGowan (No 5) [2022] FCA 893 Stead v Fairfax Media Publications Pty Ltd (No 2) [2021] FCA 65; (2021) 386 ALR 237
Division: General Division
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