Aaren Pty Ltd trading as Price Beat Travel v Arya (No. 2) [2020] NSWDC 705

District Court New South Wales

Medium Neutral Citation: Aaren Pty Ltd trading as Price Beat Travel v Arya (No. 2) [2020] NSWDC 705 Hearing dates: On the papers Date of orders: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 52-53 Catchwords: COSTS – defamation suit – verdict and judgment for defendant – application by defendant for indemnity costs – application of s 40(2) of the Defamation Act 2005 (NSW) – whether successful defendant's offer to settle was unreasonable – whether unsuccessful plaintiff's rejection of offer to settle was unreasonable – time from which costs to be awarded on an indemnity basis – consideration of 'interests of justice' STATUTORY INTERPRETATION – ss 40(2) and 40(3) of Defamation Act 2005 (NSW) – whether provisions may be construed distributively to deal with different types of settlement offers – whether words may be read down Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Defamation Act 2005 (NSW), ss 9, 40 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.1, 42.21 Cases Cited: Aaren Pty Ltd trading as Price Beat Travel v Ariya [2020] NSWDC 657 Born Brands Pty Ltd v Nine Network Australia (2014) 88 NSWLR 421; [2014] NSWCA 369 Chahwan v Euphoric Pty Ltd t/as Clay and Michel (2008) 227 FLR 43 Haddon v Forsyth (No. 2) [2011] NSWSC 693 Hafertepen v Network Ten Pty Ltd [2020] FCA 1456 Hyndes v Nationwide News Pty Ltd [2012] NSWCA 349 R v Young (1999) 46 NSWLR 681 Category: Costs Parties: Aaren Pty Ltd trading as Price Beat Travel (Plaintiff) Ms P Arya (Defendant) Representation: Counsel: Mr C Dibb for the plaintiff Ms S Chrysanthou SC and Mr N Olson for the defendant