NSW Caselaw
New South Wales Supreme Court
CITATION : Davis v Nationwide News Pty Ltd [2008] NSWSC 946
HEARING DATE(S) : 28 August 2008
JUDGMENT DATE : 12 September 2008
JURISDICTION : Civil
JUDGMENT OF : McClellan CJatCL
1. Verdict and judgment for the plaintiff in the sum of $150,736 DECISION : 2. I order the defendant to pay the plaintiff's costs assessed on an indemnity basis 3. Exhibits may be returned.
CATCHWORDS : COSTS - plaintiff defamed in two publications - interest on damages - assessment of appropriate rate of interest - offer of compromise - application of rule 42.14 Uniform Civil Procedure Rules - costs regime under s 40 Defamation Act 2005 - whether defendant unreasonably failed to make settlement offer - whether plaintiff entitled to indemnity costs order
Defamation Act 2005 LEGISLATION CITED : Defamation Act 1974 Defamation Amendment Act 2002
Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Hillier v Sheather (1995) 36 NSWLR 414 CASES CITED : John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1270 Windsurfing International Inc v Petit (1987) AIPC 90-441
PARTIES : Judy Davis (Pltf) Nationwide News (Def)
FILE NUMBER(S) : SC 20149/06
COUNSEL : R Glasson (Pltf) T D Blackburn SC/J O Hmelnitsky (Def)
SOLICITORS : Brophy Bridge & Mirow Solicitors (Pltf) Blake Dawson (Def)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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