CITATION: Assaf v Skalkos [2000] NSWSC 935 revised - 10/10/2000 CURRENT JURISDICTION: Common Law Division
Defamation ListFILE NUMBER(S): SC 18374 of 1993 HEARING DATE(S): 26 May 2000
13 July 2000, and
Written SubmissionsJUDGMENT DATE: 5 October 2000 PARTIES :
Joseph Assaf (First Plaintiff)
Ethnic Communications Pty Limited (Second Plaintiff)
v
Theodore Skalkos (First Defendant)
Foreign Language Publications Pty Limited (Second Defendant)JUDGMENT OF: Carruthers AJ
COUNSEL : K A Rees (Plaintiffs)
J R McKenzie (Defendants)SOLICITORS: Mallesons Stephen Jaques (Plaintiffs)
Mr T Lazaropoulos (Defendants) apart from 13 July 2000 to 13 September 2000
Theodore Solomon & Partners (Defendants)
CATCHWORDS: Defamation - interest on verdicts - Costs - Indemnity costs - Calderbank letter of offer by plaintiffs including requirement of apology - offer deemed to be rejected by defendants - whether plaintiffs entitled to indemnity costs as from date of offer. LEGISLATION CITED: Queensland District Court Rules, 1968, rule 118 (1).
Supreme Court Act, 1970, s 76.
Supreme Court Rules, 1970, Pt 22, Pt 52 r17.CASES CITED: Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Ltd (1991) 100 ALR 568.
AWA v Daniels (8 October 1992, unreported).
Baltic Shipping Co v Dillon (1991) 22 NSWLR 1.
Beregold Pty Ltd v Mitsopoulos (Cole J, 20 November 1992, unreported).
Calderbank v Calderbank [1976] Fam 93).
Dingle v Associated Newspapers [1964] AC 371.
Evans v John Fairfax Group Pty Ltd (Unreported, Full Federal Court of Australia, Neaves, Miles and French JJ, 27 May 1994).
John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131.
Horseshoe Pastoral Company Pty Ltd v Murray Smith t/as South Coast Tile & Slate Company (Court of Appeal, unreported, 7 November 1995).
Humphries v TWT Ltd (1994) 120 ALR 693.
Huntsman Chemical Company Australia Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242.
Magenta Nominees Pty Ltd v Richard Ellis (Western Australia) Pty Ltd (unreported, 29 August 1995).
Maitland Hospital v Fisher (No.2) (1992) 27 NSWLR 721.
Messiter v Hutchinson (1997) 10 NSWLR 525.
Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425.
Nobrega v Trustees of the Roman Catholic Church (No. 2) [1999] NSWCA 133.
Risk Allah Bey v Johnstone (1868) 18 LT 620.
Sanko Steamship Co Ltd v Sumitomo Australia Ltd [Fed.no.22/96].
Singleton v Macquarie Broadcasting Holdings Limited (1991) 24 NSWLR 103.
State Authorities Superannuation Board v Property Estates (Queensland) Pty Ltd (Cole J, 8 February 1991, unreported).
Timms v Clift [1998] 2 QdR 100.
Trans Tasman Investments Pty Ltd v Donohue (Unreported, Court of Appeal 19 March 1991).
Williamson v Mig Aero Pty Ltd (Unreported, McLelland J, 15 March 1991).DECISION: See paragraph 125
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST
No 18374 of 1993CARRUTHERS AJ
THURSDAY 5 OCTOBER 2000
BETWEEN
JOSEPH ASSAF
(First Plaintiff)ETHNIC COMMUNICATIONS PTY LIMITED
(Second Plaintiff)THEODORE SKALKOS
(First Defendant)FOREIGN LANGUAGE PUBLICATIONS PTY LIMITED
(Second Defendant)JUDGMENT - (On plaintiffs’ submissions on interest and costs)
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Details
- AGLC
- Assaf v Skalkos [2000] NSWSC 935
- Case
- [2000] NSWSC 935
- Decision Date
CaseChat Overview and Summary
In the case of Assaf v Skalkos, the plaintiff, Assaf, sued the defendant, Skalkos, for defamation. The dispute arose from alleged defamatory statements made by Skalkos about Assaf. The case was heard and determined by the Supreme Court of New South Wales. The primary focus of the litigation was on whether Assaf was entitled to indemnity costs from Skalkos, considering the circumstances surrounding a Calderbank offer made by Assaf.
The legal issues before the court involved the interpretation and application of indemnity costs orders in defamation cases, particularly in relation to the timing of such orders when a Calderbank offer is made. The court had to determine whether the plaintiffs were entitled to indemnity costs from the date of the Calderbank offer, which included a requirement for an apology, and whether the offer was effectively rejected by the defendants.
The court concluded that the Calderbank offer, which required an apology from Skalkos, was indeed rejected by the defendants. The offer was considered to be a clear and unequivocal proposal to resolve the dispute, and its rejection entitled Assaf to indemnity costs from the date of the offer. The court emphasised that indemnity costs are a tool to encourage parties to make genuine settlement offers, and the requirement for an apology did not undermine the enforceability of the offer. As a result, the court awarded Assaf indemnity costs from the date the Calderbank offer was made.
The final orders of the court included an award of indemnity costs to Assaf from the date of the Calderbank offer, reflecting the court's determination that the defendants' rejection of the offer justified such an award.
The legal issues before the court involved the interpretation and application of indemnity costs orders in defamation cases, particularly in relation to the timing of such orders when a Calderbank offer is made. The court had to determine whether the plaintiffs were entitled to indemnity costs from the date of the Calderbank offer, which included a requirement for an apology, and whether the offer was effectively rejected by the defendants.
The court concluded that the Calderbank offer, which required an apology from Skalkos, was indeed rejected by the defendants. The offer was considered to be a clear and unequivocal proposal to resolve the dispute, and its rejection entitled Assaf to indemnity costs from the date of the offer. The court emphasised that indemnity costs are a tool to encourage parties to make genuine settlement offers, and the requirement for an apology did not undermine the enforceability of the offer. As a result, the court awarded Assaf indemnity costs from the date the Calderbank offer was made.
The final orders of the court included an award of indemnity costs to Assaf from the date of the Calderbank offer, reflecting the court's determination that the defendants' rejection of the offer justified such an award.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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