Cosco v Hutley (No 3) [2020] NSWSC 1125

Supreme Court New South Wales

Medium Neutral Citation: Cosco v Hutley (No 3) [2020] NSWSC 1125 Hearing dates: Written Submissions Date of orders: 24 August 2020 Decision date: 24 August 2020 Jurisdiction: Common Law Before: Rothman J Decision: (1) Vacate Orders 3, 5 and 6 of the Court, issued in these proceedings, on 13 July 2020 (hereinafter "the Original Orders"). (2) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the defendant shall pay, in addition to the award of damages, interest on the amount of said damages from 4 July 2016 until 13 July 2020 at 3% per annum and, thereafter, pursuant to the provisions of s 101 of the Civil Procedure Act 2005 (NSW) interest is payable at the rate prescribed for post-judgment interest by the Uniform Civil Procedure Rules 2005 (NSW). (3) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW) and s 101 of the Civil Procedure Act 2005 (NSW), the defendant shall pay interest on the amount of costs at the rate applicable to post-judgment interest under the Uniform Civil Procedure Rules 2005 (NSW) from the date on which those costs were paid by the plaintiff. (4) Pursuant to the provisions of the Uniform Civil Procedure Rules 2005 (NSW) r 42.14, the defendant shall pay the plaintiff's as costs of and incidental to the proceedings: (i) Assessed on the ordinary basis up to and including 13 March 2017; and (ii) Assessed on an indemnity basis from 14 March 2017 onwards. (5) The Court orders that the amounts paid into Court by the plaintiff pursuant to orders of the Court on 3 May 2017, 19 September 2017, 14 December 2018 and 13 March 2019, being amounts paid in security for costs, be returned to the plaintiff. (6) As a matter of abundant caution, the Consent Orders made and entered on 21 August 2020 are declared to apply to the Orders made herein, except this Order, so that the reference to the enforcement of the judgment of Rothman J includes these Orders and these orders are, as a consequence, stayed on the same terms. (7) Otherwise proceedings are dismissed. Catchwords: Defamation – interest and costs – offer made – indemnity costs ordered – interest at less than usual rate for pre-judgment interest Legislation Cited: Civil Procedure Act 2005 (NSW), ss 100, 101 Defamation Act 2005 (NSW), s 40(2)(a) Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.13, 42.14 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Australian Consolidated Press v Driscoll (1988) Aust Torts Reports 80–175 Grace v Grace (No 9) [2014] NSWSC 1239 John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131 McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1270 Polias v Ryall (No 2) [2015] NSWSC 1 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Vilo v John Fairfax & Sons Ltd (2000) NSWSC 1206 Category: Costs Parties: Anthony John Cosco (Plaintiff) Vanessa Hutley (Defendant) Representation: Counsel: S T Chrysanthou / N G Olson (Plaintiff) M Richardson (Defendant)