Marshall v Megna; Megna v Tory; Tory v Megna (No 2) [2013] NSWCA 456

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marshall v Megna; Megna v Tory; Tory v Megna (No 2) [2013] NSWCA 456 Hearing dates: On the papers Decision date: 18 December 2013 Before: Beazley P; Hoeben JA Decision: (1) Order 5 made by this Court in this matter on 25 February 2013 be varied by omitting "to be calculated" and inserting "in the sum of $62,949.43"; (2) Order 6 made by this Court in this matter on 25 February 2013 be varied by omitting "to be calculated" and inserting "in the sum of $45,282.32"; (3) Order 7 made by this Court in this matter on 25 February 2013 be varied by inserting, at the end of subparagraph (a), "on an ordinary basis up until 15 August 2006 and on an indemnity basis as and from 16 August 2006"; (4) Each party to bear its own costs of the notice of motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DAMAGES - calculation of interest - date from which interest should be calculated where damage sustained over a period - date at which damage first suffered varied on appeal.

COSTS - application for indemnity costs - Defamation Act 1974, s 48A - whether offer of compromise compliant with Uniform Civil Procedure Rules, r 20.26 - whether offer of compromise should be given effect as a Calderbank offer. Legislation Cited: Defamation Act 1974 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Baresic v Slingshot Holdings Pty Ltd (No 2) [2005] NSWCA 160 Calderbank v Calderbank [1975] 3 WLR 586 Megna v Marshall (No 2) [2011] NSWSC 52 Monie v Commonwealth of Australia (No.2) [2008] NSWCA 15 Old v McInnes and Hodgkinson [2011] NSWCA 410 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Category: Costs Parties: David John Marshall (First Appellant/Cross-Respondent) Richard Martin Tory (Second Appellant/ Second Cross-Respondent) Michael Megna (First Respondent/Second Cross-Appellant) Russell James Lloyd (Second Respondent/Second Cross-Appellant) Representation: Counsel: In person (First Appellant/Cross-Respondent) A T S Dawson (Second Appellant/ Second Cross-Respondent) T Molomby SC; R Rasmussen (Respondents) Solicitors: Bricknell Legal (Second Appellant/Second Cross-Respondent) Etheringtons (Respondents) File Number(s): 2004/181254; 2012/105217 Decision under appeal Jurisdiction: 9111 Citation: Megna v Marshall [2010] NSWSC 686 Date of Decision: 2010-06-25 00:00:00 Before: Simpson J File Number(s): SC 2004/181254