Rivkin v John Fairfax Publications P/L [2004] NSWSC 671

New South Wales Supreme Court

CITATION : Rivkin v John Fairfax Publications P/L [2004] NSWSC 671 HEARING DATE(S) : 22/07/04 JUDGMENT DATE : 30 July 2004

JURISDICTION: Common Law Division Defamation List JUDGMENT OF : Kirby J DECISION : 1. The plaintiff (Mr Rivkin) should pay two-thirds of the defendant's costs in respect to the first s7A trial on a party and party basis; 2. The plaintiff (Mr Rivkin) should pay the defendant's costs of the second s7A trial from 10 September 2003 to 14 May 2004 on a party and party basis; 3. The application for indemnity costs in respect to the first and second trials is refused; 4. The defendant should pay two-thirds of the plaintiff's (Mr Rivkin's) costs in respect of this application before me.

CATCHWORDS : DEFAMATION - s7A trial - successful appeal - appeal to High Court - partial retrial ordered - consent judgment for defendant on retrial - application by defendant for indemnity costs and costs of first trial. LEGISLATION CITED : Supreme Court Act 1970 Defamation Act 1974 R v Rivkin [2004] NSWCCA 7 John Fairfax Publications P/L v Rivkin (2003) 201 ALR 77 CASES CITED : Rouse v Shepherd (No 2) (1994) 35 NSWLR 277 Colgate-Palmolive Pty Ltd v Cussons (1993) 46 FCR 225 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 PARTIES : Rene Rivkin (Resp) John Fairfax Publications Pty Limited (Appl) FILE NUMBER(S) : SC 20084/98 R G McHugh (Resp) COUNSEL : T Blackburn SC (Appl)