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ARTICLE · 29 JULY 2016

Defamation actions: What are the costs of partial success?

Corrs Chambers Westgarth
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The cases indicate that parties must give particular and careful thought to offers of settlement in defamation actions.

AustraliaLitigation, Mediation & Arbitration
Richard Leder
Richard Leder
Sanjay Schrapel
Sanjay Schrapel
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Two recent appeal decisions – Hardie v Herald and Weekly Times Pty Ltd (No 2) [2016] VSCA 130 by the Victorian Court of Appeal and De Poi v Advertiser-News Weekend Publishing Company Pty Ltd (No 2) [2016] SASCFC 45 by the South Australian Full Supreme Court - have provided important practical guidance on two aspects of defamation practice.

Both of these decisions provide important insights into the attitudes that Courts will adopt when required to make decisions regarding the costs consequences of:

  • a defendant who enjoys partial success at trial; and
  • an offer of settlement made prior to trial (that includes obligations beyond the payment of a settlement sum).

PARTIALLY SUCCESSFUL DEFENDANTS

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