Dank v Cronulla-Sutherland District Rugby League Football Club (No 2) [2013] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: Dank v Cronulla-Sutherland District Rugby League Football Club (No 2) [2013] NSWSC 1531 Hearing dates: 10 October 2013 Decision date: 11 October 2013 Before: McCallum J Decision: First and sixth defendants' application for special costs order successful in part. Parties to be heard as to form of order. Catchwords: DEFAMATION - costs - objections to pleading - whether conduct of plaintiff unreasonable or such as to prolong determination of issues - whether costs should be payable on an indemnity basis and forthwith. Cases Cited: Australian Property Custodian Holdings (No 2) [2012] NSWSC 881 Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101 Fiduciary v Morningstar [2002] NSWSC 432 Horrobin v ANZ Banking Group (Court of Appeal, 6 June 1997, unreported Ritson v Gay & Lesbian Community Publishing Limited [2012] NSWSC 586 Category: Costs Parties: Stephen Dank (plaintiff) Cronulla-Sutherland District Rugby League Football Club Ltd (first defendant) Nine Network Australia Pty Ltd (second defendant) Peter Overton (third defendant) Phil Rothfield (fourth defendant) Sarah Harris (fifth defendant) Damien Irvine (sixth defendant) Representation: Counsel: R Rasmussen (plaintiff) P Wass SC (first and sixth defendants) Second, third, fourth and fifth defendants excused from appearing Solicitors: Cambridge Law (plaintiff) Moray & Agnew (first and sixth defendants) Johnson Winter & Slattery (second, third and fifth defendants) Ashurst Australia (fourth defendant) File Number(s): 2013/92779 Publication restriction: None