Gayle v Fairfax Media Publications Pty Ltd; Gayle v The Age Company Pty Ltd; Gayle v The Federal Capital Press of Australia Pty Ltd (No 3) [2018] NSWSC 1932

Supreme Court New South Wales

Medium Neutral Citation: Gayle v Fairfax Media Publications Pty Ltd; Gayle v The Age Company Pty Ltd; Gayle v The Federal Capital Press of Australia Pty Ltd (No 3) [2018] NSWSC 1932 Hearing dates: 11 December 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Jurisdiction: Common Law Before: McCallum J Decision: In proceedings 2016/13257 I make orders 1 – 4 in the short minutes:

1. Judgment for the plaintiff. 2. The defendant is to pay the plaintiff's costs of the proceedings: (a) on the ordinary basis up to and including 6 July 2017; and (b) on an indemnity basis from 7 July 2017. 3. The bank guarantee filed by the plaintiff on 15 June 2016 is to be returned to the plaintiff. 4. The payments into Court totalling $100,000 made by the plaintiff pursuant to orders of 9 August 2017 is to be returned to the plaintiff.

In proceedings 2016/13259 I make orders 1 – 6 in the short minutes:

1. Judgment for the plaintiff in the amount of $326,112. 2. The defendant is to pay the plaintiff's costs of the proceedings: (a) on the ordinary basis up to and including 6 July 2017; and (b) on an indemnity basis from 7 July 2017. 3. Subject to order 4, enforcement of half of the judgment in order 1 above is stayed for a period of 28 days and, upon the filing of a notice of appeal within that period, order that the stay continue until such appeal is disposed of or until the Court or the Court of Appeal otherwise orders. 4. The defendant is to prosecute any appeal with expedition. 5. The bank guarantee filed by the plaintiff on 15 June 2016 is to be returned to the plaintiff. 6. The payments into Court totalling $100,000 made by the plaintiff pursuant to orders of 9 August 2017 is to be returned to the plaintiff.