Chow v Un (No. 2) [2017] NSWDC 301

District Court New South Wales

Medium Neutral Citation: Chow v Un (No. 2) [2017] NSWDC 301 Hearing dates: 2 November 2017 Date of orders: 02 November 2017 Decision date: 02 November 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: As between the first plaintiff and the defendant: (1) Pre-judgment interest is to apply at the rate of 3% from 29 December 2013 to 15 September 2017 in the amount of $10,587.95. (2) Judgment for the first plaintiff in the sum of $105,587.95. (3) Judgment in the amount referred to in order (2) be as and from 15 September 2017. (4) The defendant to pay the first plaintiff's legal costs and disbursements of the entire proceedings upon the indemnity basis.

As between the second plaintiff and the defendant: (1) Pre-judgment interest is to apply at the rate of 3% from 29 December 2013 to 15 September 2017 in the amount of $7,244.38. (2) Judgment for the first plaintiff in the sum of $72,244.38. (3) Judgment in the amount referred to in order (2) be as and from 15 September 2017. (4) The defendant to pay the second plaintiff's legal costs and disbursements of the entire proceedings upon the indemnity basis. Catchwords: TORT – defamation – application for interest at 3% on judgment sum – application for indemnity costs for the proceedings – no issue of principle Legislation Cited: Defamation Act 2005 (NSW), ss 3 and 40 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Chow v Un [2017] NSWDC 254 Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Habib v Radio 2UE Sydney Pty Ltd (No 4) [2012] NSWDC 12 Category: Costs Parties: First Plaintiff: Sum Chow Second Plaintiff: Colin Chiu Kwan Chau Defendant: Chi Keong Un Representation: Counsel: Plaintiffs: Mr R Rasmussen Defendant: