Toben v Nationwide News Pty Ltd; Toben v Mathieson (No 3) [2015] NSWSC 1862

Supreme Court New South Wales

Medium Neutral Citation: Toben v Nationwide News Pty Ltd; Toben v Mathieson (No 3) [2015] NSWSC 1862 Hearing dates: 3 December 2015 Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff to pay the newspaper defendants' costs of the notice of motion determined in the primary judgment as agreed or assessed on an indemnity basis; plaintiff otherwise to pay those defendants' costs of the proceedings as agreed or assessed on the ordinary basis.

Plaintiff to pay Senator Milne's costs as agreed or assessed on the ordinary basis. Any application by Senator Milne for a different order to be made by submission in writing within seven days, failing which that will be the order entered Catchwords: COSTS – indemnity costs – where proceedings stayed for abuse of process Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.5 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Toben v Nationwide News; Toben v Mathieson [2015] NSWSC 1784 Toben v Matheison; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530 Toben v Milne [2014] NSWCA 200 Category: Costs Parties: 2013/200157 Fredrick Toben (plaintiff) Nationwide News Pty Ltd (defendant)

2013/200128 Fredrick Toben (plaintiff) Clive Matheson (first defendant) Christian Kerr (second defendant) Senator Christine Milne (third defendant) Representation: Counsel: R Rasmussen (plaintiff) P Afshar (defendant in 2013/200157; first and second defendants in 2013/200128)