Dominello v Harbour Radio Pty Ltd t/as 2GB (No.2) [2019] NSWSC 1089

Supreme Court New South Wales

Medium Neutral Citation: Dominello v Harbour Radio Pty Ltd t/as 2GB (No.2) [2019] NSWSC 1089 Hearing dates: 16 August 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Order the defendant to pay the plaintiff's expenses reasonably incurred before the making of the renewed offer to make amends on 4 September 2018, and his expenses reasonably incurred in considering that offer, as agreed or assessed. (2) Order that proceedings number 2018/273731, be and hereby are dismissed. (3) Order the plaintiff to pay the defendant's costs the application to amend the Statement of Claim dismissed by Hoeben CJ at CL on 11 April 2019. (4) Except for Order 3, order that each party to the proceedings is to pay his and its own costs of the proceedings, including this application. Catchwords: DEFAMATION – Costs – where an offer to make amends has been accepted by the plaintiff – where the offer includes payment of the plaintiff's expenses reasonably incurred –whether the Court has the power to make a costs order – where neither party acted unreasonably in the course of litigation Legislation Cited: Civil Procedure Act 2005 (NSW) Defamation Act 2005 High Court Rules 1952 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Dominello v Harbour Radio Pty Ltd t/as 2GB [2019] NSWSC 403 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Re The Minister for Immigration and Ethnic Affairs Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Texts Cited: Nil Category: Procedural and other rulings Parties: Victor Michael Dominello (P) Harbour Radio Pty Ltd t/as 2GB (D) Representation: Counsel: R Rasmussen (P) S T Chrysanthou / B Dean (D)