Collier v Country Women’s Association of NSW (No 2) [2017] NSWSC 1729

Supreme Court New South Wales

Medium Neutral Citation: Collier v Country Women's Association of NSW (No 2) [2017] NSWSC 1729 Hearing dates: On the papers Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 2016/122571:

(1) Order the plaintiff, in accordance with r 42.15A of Uniform Civil Procedure Rules 2005 (NSW), to pay the defendant's costs of the proceedings up to and including 23 October 2017 on the ordinary basis and from 24 October 2017 on an indemnity basis.

In proceedings 2017/72463:

(2) Order the plaintiff, in accordance with r 42.15A of Uniform Civil Procedure Rules 2005 (NSW), to pay the defendant's costs of the proceedings up to and including 23 October 2017 on the ordinary basis and from 24 October 2017 on an indemnity basis. Catchwords: COSTS – whether it is in the interests of justice to order the plaintiff to pay the defendant's costs in the defamation proceedings on an indemnity basis since she unreasonably failed to accept the defendant's offer – HELD – not in the interests of justice – appropriate that she be ordered to pay the defendant's costs of both the defamation proceedings and the equity proceedings on an indemnity basis after the date of the offers Legislation Cited: Defamation Act 2005 (NSW), s 40 Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.15A Cases Cited: Collier v Country Women's Association of NSW [2017] NSWSC 1573 Category: Costs Parties: Marion Louise Collier (Plaintiff) Country Women's Association of New South Wales (Defendant) Representation: Counsel: Plaintiff in person S Chrysanthou/ B Dean (Defendant)