Alawadi v Widad Kamel Farhan trading as the Australian Arabic Panorama Newspaper (No. 3)

The plaintiff, Alawadi, brought eight separate actions for defamation against the defendant, Widad Kamel Farhan trading as the Australian Arabic Panorama Newspaper. After six of these claims were struck out and one abandoned, the defendant applied for a gross sum costs order in relation to the seven claims that were no longer the subject of proceedings. The court was required to determine whether the issues in question were appropriate for determination on a gross sum basis and whether it could be satisfied, from the material available, that it could arrive at an appropriate sum. The court also considered whether the proceedings should be stayed pending the payment of the costs in the gross sum costs order.

The court found that the issues were appropriate for determination on a gross sum basis and that it could arrive at an appropriate sum based on the material available. The court also considered the changes to section 101 of the Civil Procedure Act 2005 (NSW) in relation to proceedings commenced after 24 November 2005 by reason of the Courts and Other Justice Portfolio Legislation Amendment Act 2015 (NSW). The court found that the provisions of the amended section applied to the proceedings and that interest on costs was payable at the rate of 4% per annum from the date of judgment until payment. The court made a gross sum costs order in favour of the defendant in the amount of $9,318.48 and stayed the proceedings pending payment of the said sum.

The court ordered that the plaintiff pay the defendant the sum of $9,318.48 by way of gross sum costs order in relation to the costs of the seven claims for defamation struck out or abandoned in these proceedings. The proceedings were stayed until payment of the said sum and placed in the Inactive List with a callover date of 8 December 2016, with liberty to restore on seven days’ notice in the event that either party seeks further orders. Interest on costs was payable at the rate of 4% per annum from the date of judgment until payment.