McMahon v John Fairfax Publications Pty Ltd (No 8) [2014] NSWSC 673

Supreme Court New South Wales

Medium Neutral Citation: McMahon v John Fairfax Publications Pty Ltd (No 8) [2014] NSWSC 673 Hearing dates: On written submissions Decision date: 27 May 2014 Before: McCallum J Decision: Defendants ordered to pay 95 per cent of the plaintiff's costs of the proceedings except for his costs of the special damages claim; as to the costs of professional services provided to the plaintiff by himself, that those costs be paid as agreed or assessed on the ordinary basis; as to disbursements and the costs of professional services provided to the plaintiff by others, that those costs be paid as agreed or assessed on the indemnity basis. Catchwords: DEFAMATION - costs - special costs provisions in defamation proceedings - whether defendants unreasonably failed to make a settlement offer or agree to a settlement offer proposed by the plaintiff -entitlement to indemnity costs

COSTS - where plaintiff a solicitor representing himself as an employee of a solicitor corporation - where evidence inconclusive as to whether there exists a liability between plaintiff and solicitor corporation in respect of costs - whether plaintiff to be regarded as a solicitor litigant in person - application of the Chorley rule Legislation Cited: Defamation Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Adams v London Improved Motor Coach Builders Ltd [1921] 1 KB 495 Atlas v Kalyk [2001] NSWCA 10 Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Dobree v Hoffman (1996) 18 WAR 36 Garcia v National Australia Bank Ltd (1998) 194 CLR 395 Guss v Veenhuizen (No 2) (1976) 136 CLR 47 Haddon v Forsyth (No 2) [2011] NSWSC 693 Holt v TCN Channel 9 Pty Ltd (No 2) [2012] NSWSC 968 Khera v Jones [2006] NSWCA 85 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 McIlraith v Ilkin & Anor (Costs) [2007] NSWSC 1052 McMahon v John Fairfax Publications Pty Ltd (No 7) [2013] NSWSC 933 Salomon v Salomon & Co [1897] AC 22 Whitney v Dream Developments Pty Ltd [2013] NSWCA 188 Texts Cited: Macquarie Dictionary Category: Costs Parties: Bryan McMahon (plaintiff) John Fairfax Publications Pty Ltd (first defendant) Marcus Priest (second defendant) Rachel Nickless (third defendant) Representation: Counsel: B McClintock SC, K Andronos (plaintiff) ATS Dawson, L Brown (defendants) Solicitors: Ardent Lawyers (plaintiff) Banki Haddock Fiora Lawyers (defendants) File Number(s): 2008/289210 Publication restriction: None