Ahmadi v Fairfax Media Publications Pty Ltd (No 2) [2010] NSWSC 1191

New South Wales Supreme Court

CITATION : Ahmadi v Fairfax Media Publications Pty Ltd (No 2) [2010] NSWSC 1191

HEARING DATE(S) : 25 August 2010

JUDGMENT DATE : 22 October 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The defendant shall pay one-third of the plaintiff's costs of and incidental to the proceedings, as agreed or assessed;

DECISION : (ii) The defendant shall pay interest on the amount of $7,500, being the judgment in favour of the plaintiff, from 4 August 2007 until 1 July 2010 at the rate of 3% per annum, being an amount of $656;

(iii) Otherwise the proceedings are dismissed.

CATCHWORDS : COSTS – general principle to be varied to take account of what is fair and just – arithmetic approach inappropriate – two of eight imputations not proved to be true – one-third costs awarded - INTEREST – general damages – half the damages subject to 4% and the other half subject to 2% - overall interest of 3% up to judgment

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules

CATEGORY : Consequential orders

Ahmadi v Fairfax Media Publications Pty Ltd [2010] NSWSC 702 Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Australian Consolidated Press v Driscoll (1988) Aust Torts Reports 80-175 Cretazzo v Lombardi (1975) 13 SASR 4 Hughes v Western Australian Cricket Association (Inc) [1986] FCA 382 CASES CITED : James & Ors v Surf Road Nominees Pty Limited & Ors [No 2] [2005] NSWCA 296 John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 MBP (SA) Pty Ltd v Gogic [1991] HCA 3; (1991) 171 CLR 657 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Sydney Ferries v Morton (No 2) [2010] NSWCA 238 Vilo v John Fairfax and Sons Ltd and Anor [2000] NSWSC 1206