Gacic v John Fairfax Publications Pty Ltd (No 2) [2014] NSWSC 738

Supreme Court New South Wales

Medium Neutral Citation: Gacic v John Fairfax Publications Pty Ltd (No 2) [2014] NSWSC 738 Hearing dates: 13 February 2014 and on written submissions Decision date: 06 June 2014 Jurisdiction: Common Law Before: Hall J Decision: (1) Judgment for the first plaintiff against the defendants in the amount of $207,842.19. (2) Judgment for the second plaintiff against the defendants in the amount of $207,842.19. (3) Judgment for the third plaintiff against the defendants in the amount of $207,842.19. (4) The defendants to pay the plaintiffs' costs of and incidental to the proceedings remitted by the Court of Appeal in respect of which judgment was delivered on 19 December 2013 on an indemnity basis. Catchwords: COSTS - defamation proceedings - award of pre-judgment interest at 3% per annum - defendant unreasonably failed to make a settlement offer - costs of and incidental to the proceedings to be assessed on an indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW) Defamation Act 1974 (NSW) Defamation Act 2005 (SA) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cornes v The Ten Group Pty Ltd (No 2) [2012] SASCFC 106 Davis v Nation Wide News Pty Ltd [2008] NSWSC 946 Gacic v John Fairfax Publications Pty Ltd [2013] NSWSC 1920 Gacic v John Fairfax Publications Pty Ltd [2011] NSWCA 362 Gacic v John Fairfax Publications Pty Ltd [2009] NSWSC 1403 George Jamoo v Nation Wide News Pty Ltd [2004] NSWSC 126 Greig v WIN Television NSW Pty Ltd [2009] NSWSC 877 Habib v Radio 2UE Sydney (No 4) [2012] NSWDC 12 Haertsch v Channel Nine Pty Ltd [2010] NSWSC 182 John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131 McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1270 MPB (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Nicholson v Nicholson (1994) 35 NSWLR 308 Nicol v Allyacht Spars Pty Ltd (No 2) (1988) 165 CLR 306 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Consequential orders Parties: Aleksandra Gacic (First Plaintiff) Ljiljana Gacic (Second Plaintiff) Branislav Ciric (Third Plaintiff) John Fairfax Publications Pty Ltd (First Defendant) Matthew Evans (Second Defendant) Representation: Counsel: Mr C A Evatt; Mr R K Rasmussen (Plaintiffs) Mr T D Blackburn SC; Mr D R Sibtain (Defendants) Solicitors: McKenzie Leamey Solicitors & Barristers (Plaintiffs) Banki Haddock Fiori (Defendants) File Number(s): 2004/176936