NSW Caselaw
New South Wales Supreme Court
CITATION : Green v Schneller [2000] NSWSC 1207 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20386/94 HEARING DATE(S) : 12 October 2000 JUDGMENT DATE : 15 December 2000
PARTIES : Richard Green (Plaintiff) Jennifer Schneller (Defendant) JUDGMENT OF : Simpson J
COUNSEL : Mr R A Campbell - Plaintiff Mr C Evatt - Defendant SOLICITORS : Patrick Grimes & Co - Plaintiff Dennis & Co - Defendant CATCHWORDS : Award of costs of defamation acton - Supreme Court Act 1970, s 76- SCR P 52A r 33, deterrent effect of - whether successful plaintiff is entitled to an order for costs - diminution of quantum of costs - sufficient reasons for commencing or continuing proceedings in the court - discretion of the court -jurisdictional limit - complexity of the factual and legal issues - expectation of recoverable amount - assessment of costs on an indemnity basis - conduct of parties. LEGISLATION CITED : Defamation Act 1974 Supreme Court Act 1970 Green v Schneller [2000] NSWSC 548 Toomey v John Fairfax & Sons Limited :Ritchie: Supreme Court Procedure NSW CASES CITED : John Fairfax and Sons Limited v Palmer (19870 8 NSWLR 297 Rouse v Shepherd [No2] (1994) 35 NSWLR 277 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 DECISION : See paragraph No.52
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION SIMPSON J
15 December 2000
20386/94 Richard GREEN v Jennifer SCHNELLER Judgment HER HONOUR : 1 Before the court are competing notices of motion concerning the award of costs of defamation proceedings otherwise completed. 2 The plaintiff, who was successful in his claim, seeks orders that the defendant pay his costs of and incidental to the proceedings, and that the costs be assessed on an indemnity basis. The defendant, against whom an award of damages of $20,000 was made, seeks an order that the plaintiff is not entitled to an order for costs, or alternatively an order that the plaintiff is entitled only to half of the costs incurred in the proceedings. These reasons should be read in conjunction with the judgment delivered in the principal proceedings on 19 June 2000 (Green v Schneller [2000] NSWSC 548).
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