Goldberg v Randel (No 2) [2008] NSWDC 283

New South Wales District Court

CITATION: Goldberg v Randel (No 2) [2008] NSWDC 283

HEARING DATE(S): 5 December 2008 EX TEMPORE JUDGMENT DATE : 5 December 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Costs of 20 June, 1 August, 8 August, 5 September and 3 October 2008 to be costs in the cause. (2) Costs of this application to be costs in the cause.

CATCHWORDS: COSTS - defamation - costs for multiple interlocutory proceedings

LEGISLATION CITED: Uniform Civil Procedure Act 2005 (NSW), ss 56-62

Andrews v Herald & Weekly Times (Supreme Court of NSW, Begg J, 11 December 1978, unreported) Cretazzo v Lombardi [1975] 13 SASR 1 Goldberg v Randal [2008] NSWDC 45 CASES CITED: Goldschmidt v Constable & Co [1937] 4 All ER 293 Ritter v Godfrey [1920] 2 KB 47 Roache v News Group Newspapers [1998] EMLR 161 Searle v Mirror Newspapers Ltd [1974] 1 NSWLR 180 (CA) Zierenberg v Labouchere [1893] 2 QB 183

TEXTS CITED: Brown, Defamation Law of Canada, 2nd ed Gatley on Libel and Slander, 10th ed

PARTIES: Plaintiff: Raymond Goldberg Defendant: John Randel

FILE NUMBER(S): 5709 of 2006

COUNSEL: Plaintiff: Ms S Chrysanthou Defendant: Mr R Rasmussen

SOLICITORS: Plaintiff: Kalantzis & Co Defendant: Bennett & Philp

JUDGMENT

1. The plaintiff and defendant have been locked in combat for most of this year concerning a late requisition for a jury, particulars, discovery and interrogatories. After a series of listings, the pleadings are now effectively complete and the defendant seeks costs for a number of these arguments on the basis that the defendant was largely successful.