Stanton v Fell (No 2) [2014] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: Stanton v Fell (No 2) [2014] NSWSC 1052 Hearing dates: 7 November 2013 Decision date: 05 August 2014 Before: Simpson J Decision: The plaintiff pay the defendant's costs on an indemnity basis. Catchwords: COSTS - defamation - Defamation Act 2005 (NSW), s 40 - verdict for defendant - plaintiff to pay defendant's costs - order sought that costs be paid on an indemnity basis - whether plaintiff unreasonably failed to accept settlement offer made by the defendant - whether interests of justice require otherwise than an order that costs be paid on an indemnity basis - defendant showed more than the plaintiff merely failing in proceedings - Haddon v Forsyth (No 2) [2011] NSWSC 693 - plaintiff's failure to accept first and second offers was unreasonable - interests of justice require that defendant be fully indemnified - plaintiff to pay defendant's costs on an indemnity basis Legislation Cited: Defamation Act 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Haddon v Forsyth (No 2) [2011] NSWSC 693 Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority [2005] VSCA 298; 13 VR 435 Stanton v Fell [2013] NSWSC 1001 Category: Costs Parties: Arthur Peter Stanton (Plaintiff) Gary Fell (Defendant) Representation: Counsel: S T Chrysanthou (Plaintiff) P J Hayes (Defendant) Solicitors: Access Law Group (Plaintiff) Russell Kennedy, Melbourne (Defendant) File Number(s): 2012/288471