Haddon v Forsyth (No 2) [2011] NSWSC 693

Supreme Court New South Wales

Medium Neutral Citation: Haddon v Forsyth (No 2) [2011] NSWSC 693 Hearing dates: 9 June 2011 Decision date: 08 July 2011 Jurisdiction: Common Law Before: Simpson J Decision: The plaintiff pay the defendants' costs assessed on the ordinary basis up to 6 November 2009, and thereafter on an indemnity basis. Catchwords: DEFAMATION - actions for defamation - verdict for defendants - costs - claim for indemnity costs - plaintiff unrepresented on application - allegations of misuse of superior financial position and conflict of interest - relevance of settlement attempts made by plaintiff prior to commencement of proceedings - refusal of "settlement offers" not unreasonable within s 40(2)(b) Defamation Act 2005 - application of rule 42.15A Uniform Civil Procedure Rules 2005 - characterisation of various "offers of compromise" - genuine offer rejected by plaintiff - costs ordered - to be assessed on indemnity basis following offer Legislation Cited: Civil Procedure Act 2005 Defamation Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Haddon v Forsyth & Ors (NSWSC, 10 August 2009, unreported) Haddon v Forsyth [2011] NSWSC 123 Category: Costs Parties: Bruce Haddon (Plaintiff) The Right Reverend Robert Forsyth (First Defendant) The Reverend Dominic Steele (Second Defendant) Evan Batten (Third Defendant) Representation: Counsel In person (Plaintiff) S T Chrysanthou (Defendants) Solicitors Not applicable (Plaintiff) HWL Ebsworth Lawyers (Defendants) File Number(s): 2009/297442