Dank v Whittaker (No 3) [2013] NSWSC 1822

Supreme Court New South Wales

Medium Neutral Citation: Dank v Whittaker (No 3) [2013] NSWSC 1822 Hearing dates: 5 December 2013 Decision date: 06 December 2013 Before: McCallum J Decision: That the plaintiff pay the second defendant's costs thrown away by reason of the service and/or filing of the amended Statement of Claim and the proposed further amended Statement of Claim, such costs to be assessed on an indemnity basis and payable forthwith. Catchwords: DEFAMATION - Costs - whether to be assessed on indemnity basis Cases Cited: Dank v Cronulla-Sutherland District Rugby League Football Club (No 2) [2013] NSWSC 1531 Dank v Whittaker (No 1) [2013] NSWSC 1062 Category: Costs Parties: Stephen Dank (plaintiff) Paul Whittaker (first defendant) Dr Peter Larkins (second defendant) Dr Tricia Kavanagh (third defendant) Darren Kane (fourth defendant) Rebecca Wilson (fifth defendant) James Hooper (six defendant) Josh Massoud (seventh defendant) Representation: Counsel: 2013/157114: R Rasmussen (plaintiff) T Blackburn SC, L Brown (first defendant) M Richardson (second defendant) Solicitors: Cambridge Law (plaintiff) Ashurst Australia (first, fifth, sixth & seventh defendants) Norton Rose Fulbright (second defendant) Kennedys (third defendant) Wotton & Kearney (fourth defendant) File Number(s): 2013/157114 Publication restriction: None