Mundine v Brown (No 7) [2011] NSWSC 170

Supreme Court New South Wales

Medium Neutral Citation: Mundine v Brown (No 7) [2011] NSWSC 170 Hearing dates: 11 February 2011 Decision date: 18 March 2011 Before: Harrison J Decision: 1. Order the first and third defendants to pay the plaintiff's costs of the proceedings. 2. Order the first defendant to pay the costs referred to in order (1) on the ordinary basis. 3. Order the third defendant to pay the costs referred to in order (1) on an indemnity basis. 4. Order the plaintiff to pay the second defendant's costs of the proceedings. 5. Order the plaintiff to pay the costs referred to in order (4) on the ordinary basis. Catchwords: COSTS - defamation - apportionment of costs - Defamation Act 2005 s 40(2) - indemnity costs - where plaintiff succeeds on one only of a number of imputations - whether costs should be apportioned to reflect time taken dealing with issues where plaintiff unsuccessful - whether plaintiff entitled to indemnity costs - whether interests of justice required otherwise where defendants unable to refer to what occurred during mediation - where defendants could have made offers not embargoed by Civil Procedure Act 2005 s 30(4) - defendants to pay plaintiff's costs on indemnity basis Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Defamation Act 2005 Evidence Act 1995 Cases Cited: Ahmadi v Fairfax Media Publications Pty Ltd (No 2) [2010] NSWSC 1191 Azzi & Ors v Volvo Car Australia Pty Ltd (Costs) [2007] NSWSC 375; (2007) 71 NSWLR 140 Channel Seven Sydney Pty Ltd v Mahommed (No 2) [2011] NSWCA 6 Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259; (1993) 26 IPR 261 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 Forsyth v Sinclair (No 2) [2010] VSCA 195 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Mundine v Brown (No 4) [2010] NSWSC 516 Mundine v Brown (No 6) [2010] NSWSC 1285 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Roads & Traffic Authority v McGregor (No 2) [2005] NSWCA 453 Rockdale City Council v Micro Developments Pty Ltd [2008] NSWCA 128 Sydney Ferries v Morton (No 2) [2010] NSWCA 238 Turkmani v Visvalingam (No 2) [2009] NSWCA 279 Waters v P C Henderson (Australia) Pty Ltd [1994] NSWCA 338; (1994) 254 ALR 328 Category: Consequential orders Parties: Lana Mundine (Plaintiff) Avery Brown (First Defendant) APN News and Media Limited (Second Defendant) Daily Examiner Pty Ltd (Third Defendant) Representation: Counsel: T Molomby SC with R K M Rasmussen (Plaintiff) P M Sibtain (First Defendant) A T S Dawson (Second and Third Defendants) Solicitors: Slater & Gordon (Plaintiff) Holding Redlich (First Defendant) Banki Haddock Fiora (Second and Third Defendants) File Number(s): 2009/297431