Young v RSPCA NSW [2019] NSWDC 613

District Court New South Wales

Medium Neutral Citation: Young v RSPCA NSW [2019] NSWDC 613 Hearing dates: 24 October 2019; 25 October 2019 (written submissions) Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff pay the sixth and seventh defendants' costs in the gross sum of $5,905.90, pursuant to s 98 Civil Procedure Act 2005 (NSW). (2) The plaintiff's application for payment of the costs to be deferred pending the completion of proposed litigation in the Federal Court of Australia is refused. Catchwords: COSTS – plaintiff discontinues defamation action against two of seven defendants – application by those defendants for gross sum costs order – plaintiff seeks orders that the costs be assessed and that payment of the assessed costs await the determination of proposed Federal Court proceedings against one of the defendants concerning the same publication – total costs of $5,905.90 (GST included) sought – gross sum costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60 and 98 Defamation Act 2005 (NSW), s 23 Cases Cited: Chaina v Presbyterian Church (NSW) Property Trust (No 26) [2014] NSWSC 1009 Dickens v State of New South Wales & Ors (No 2) [2018] NSWSC 14 Harrison v Schipp (2002) 54 NSWLR 738 Idoport Pty Ltd v National Australia Bank [2005] NSWSC 1273 Idoport Pty Limited v National Australia Bank Limited & Ors, Idoport Pty Limited v Argus [2007] NSWSC 23 In the matter of Optimisation Australia Pty Ltd (Costs) [2018] NSWSC 280 Otto v Gold Coast Publications Pty Ltd [2017] NSWDC 101 Starr-Diamond v Diamond (No 4) [2013] NSWSC 811 Texts Cited: Guideline For Costs Payable Between Parties Under Court Orders (Supreme Court of New South Wales) Category: Procedural and other rulings Parties: Plaintiff: Gary Young First Defendant: RSPCA NSW Second Defendant: Jean Sprague Third Defendant: Andrew Wozniak-Smythe Fourth Defendant: Australia Broadcasting Corporation Fifth Defendant: Google Sixth Defendant: Gavin Fernando Seventh Defendant: News Limited Representation: Counsel: Plaintiff: In person Sixth and Seventh Defendants: Ms M Cowden