McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1270

New South Wales Supreme Court

CITATION : McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1270

HEARING DATE(S) : 14 November 2005 - 30 November 2005, 7 November 2006

JUDGMENT DATE : 29 November 2006

JURISDICTION : Supreme Court

JUDGMENT OF : Rothman J

DECISION : (i) Verdict for the plaintiff in the amount of $385,000; (ii) The defendant shall pay interest on the above amount from 11 June 2003 until 28 November 2006 at the rate of three percent being an amount of $40,425; (iii) The defendant shall pay the plaintiff's costs of and incidental to the proceedings up to and including Wednesday 16 March 2005, as agreed or assessed; (iv) The defendant shall pay the plaintiff's costs of and incidental to the proceedings incurred on and from 17 March 2005, on an indemnity basis, as agreed or assessed; (v) The Court certifies for two Counsel.

CATCHWORDS : CIVIL LAW - COSTS - Interest on defamation damages award - indemnity costs - unreasonable to reject Offer of Compromise.

LEGISLATION CITED : Civil Procedure Act 2005 Supreme Court Act

Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Australian Consolidated Press v Driscoll (1988) Aust Torts Reports 80-175 Hillier v Sheather (1995) 36 NSWLR 414 CASES CITED : John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131 MBP (SA) Ltd v Gogic (1991) 171 CLR 657 McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1147Russell v Edwards (No. 2) [2006] NSWCA 52 Vilo v John Fairfax & Sons Limited [2000] NSWSC 1206

PARTIES : P: Mark McGaw D: Channel Seven Sydney Pty Ltd

FILE NUMBER(S) : SC 20340/2003