Fisher v Channel Seven Sydney Pty Ltd (No 5) [2014] NSWSC 1873

Supreme Court New South Wales

Medium Neutral Citation: Fisher v Channel Seven Sydney Pty Ltd (No 5) [2014] NSWSC 1873 Hearing dates: 15 December 2014 Decision date: 31 December 2014 Before: Rothman J Decision: 1.Orders (3), (4), (5) and (6) issued by the Court in these proceedings on 17 November 2014 are hereby vacated; 2.The defendants shall pay, in addition to the award of damages, interest on the amount of said damages, pursuant to s 100 of the Civil Procedure Act 2005, at the rate of 3% from 6 June 2011 until 17 November 2011 and thereafter, until satisfaction of the said judgment, at the rate prescribed by the Uniform Civil Procedure Rules 2005 for interest after judgment; 3.The defendants shall pay the plaintiff's costs of and incidental to the proceedings, as agreed or assessed, on a party/party basis, up to and including 6 February 2014; 4.The defendants shall pay 85% of the plaintiff's costs of and incidental to the proceedings, as agreed or assessed, on an indemnity basis, on and from 7 February 2014; 5.Proceedings otherwise dismissed. Catchwords: DEFAMATION - Costs and interest - Offers made by plaintiff not accepted - Indemnity costs payable - Interest on damages at 3% - Most damage occurred on publication Legislation Cited: Civil Procedure Act 2005 Defamation Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Fisher v Channel Seven Sydney Pty Ltd (No 4) [2014] NSWSC 1616 MBP (SA) Ltd v Gogic; [1991] HCA 3; (1991) 171 CLR 657 Category: Costs Parties: Brian Fisher (Plaintiff) Channel Seven Sydney Pty Ltd (First Defendant) David Richardson (Second Defendant) Representation: Counsel: C. Evatt with R. Rasmussen & M. Fozzard (Plaintiff) M. Richardson (First and Second Defendants) Solicitors: Michael Kreveld Legal (Plaintiff) Addisons Lawyers (First and Second Defendants) File Number(s): 2011/408095 Publication restriction: None