North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin (No. 2) [2014] NSWDC 142

District Court New South Wales

Medium Neutral Citation: North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin (No. 2) [2014] NSWDC 142 Hearing dates: On the papers (written submissions, 18 August 2014) Decision date: 01 September 2014 Before: Gibson DCJ Decision: (1)Orders for judgment for the plaintiffs of 8 August 2014 varied as follows: (a)As to the first plaintiff, order pre-judgment interest in the amount of $1,015, resulting in judgment for the first plaintiff for the sum of $51,015. (b)As to the second plaintiff, order pre-judgment interest in the amount of $2,030, resulting in judgment for the second plaintiff for the sum of $102,030. (c)As to the third plaintiff, order pre-judgment interest in the amount of $2,030, resulting in judgment for the third plaintiff for the sum of $102,030. (2)The defendant to pay the plaintiffs' costs of and incidental to these proceedings from the commencement of proceedings until 14 March 2014 on the ordinary basis and from 14 March 2014 (including this application for costs and interest) on an indemnity basis. Catchwords: DEFAMATION - interest on award of damages - rate and start date for interest award - costs - s 40 Defamation Act 2005 (NSW) - application by plaintiffs for indemnity costs from the date of entry of judgment, on the basis that the defendant failed to make any offer after entry of judgment - defendant ordered to pay the plaintiffs' costs up to entry of judgment on a party/party basis and thereafter on an indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW), ss 100 and 101 Defamation Act 2005 (NSW), s 40 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Gacic v John Fairfax Publications Pty Ltd (No 2) [2014] NSWSC 738 Habib v Radio 2UE Sydney Pty Ltd (No 4) [2012] NSWDC 12 Haertsch v Channel Nine Pty Ltd [2010] NSWSC 182 McMahon v John Fairfax Publications Pty Ltd (No 8) [2014] NSWSC 673 North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin [2014] NSWDC 125 Texts Cited: District Court Civil Practice Note Number 15 Category: Costs Parties: First Plaintiff: North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) (Registration Number: 023638048) Second Plaintiff: Naarah Morgan Rodwell Third Plaintiff: Todd Michael Yourell Defendant: Keith Martin Representation: Plaintiffs: Mr M McCall Defendant: No appearance Plaintiffs: Trenches McKenzie Cox Solicitors Defendant: No appearance File Number(s): 2013/365251