Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lehrmann v Network Ten Pty Limited (Costs) [2024] FCA 486 File number: NSD 103 of 2023
Judgment of: LEE J
Date of judgment: 10 May 2024
Catchwords: COSTS – applicant unsuccessful in claim for defamation – where defence of substantial truth established – where no real winners in the litigation – assessment of the conduct of the respondents in exercise of discretion as to costs – facts relating to settlement – Calderbank offer – relevant principles – overarching purpose to civil litigation – where conduct of Network Ten relating to publication of the programme in counterfactual far from reasonable – where conduct not sufficiently severable to deprive Network Ten of its costs in relation to statutory qualified privilege defence – where Network Ten entitled to costs on the indemnity basis but otherwise on the ordinary basis in relation to statutory qualified privilege defence – where same considerations apply mutatis mutandis to Ms Wilkinson – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB, ss 37M(1), 37M(3), 37N(1), 37N(4), 43 Defamation Act 2005 (NSW) ss 40, 40(1)(a)
Cases cited: Abi group Limited v Abignano (1992) 39 FCR 74 Canty v PaperlinX Australia Pty Ltd [2014] NSWCA 309; (2014) 9 BFRA 524 Evolution Precast Systems Pty Ltd v Chubb Insurance Australia Limited [2020] FCA 1690 Firma C-Trade SA v Newcastle Protection & Indemnity Association (The Fanti) [1991] 2 AC 1 Hamod v New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 Lehrmann v Network Ten Pty Limited (Cross-claims) [2024] FCA 102 Lehrmann v Network Ten Pty Limited (Limitation Extension) [2023] FCA 385 Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 247 FCR 61 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116 Roberts-Smith v Fairfax Media Publications Pty Limited (No 45) [2023] FCA 1474 Siemens WLL v BIC Contracting LLC (costs) [2024] FCA 201 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245 Total Oil Products (Australia) Pty Ltd v Robinson [1970] 1 NSWR 701 Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873; (2021) 308 IR 244
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