Cornes v The Ten Group Pty Ltd (No 2)

Cornes v The Ten Group Pty Ltd (No 2) involved a defamation claim brought by the plaintiff against multiple defendants for broadcasting defamatory statements during a television program. The plaintiff sought an order for her costs on an indemnity basis and interest on the judgment sum at the rate of 4% per annum. The central legal issues were whether the defendants unreasonably failed to make a settlement offer or accept a settlement offer proposed by the plaintiff, and the appropriate rate and period for interest on the judgment sum. The court considered the conduct of the parties and other relevant matters in deciding these issues. It found that the defendants unreasonably failed to make a settlement offer or accept a settlement offer proposed by the plaintiff, and that the interests of justice did not require otherwise. Accordingly, the court ordered the defendants to pay the plaintiff's costs of the action on an indemnity basis. Additionally, the court fixed the amount of interest at $8,000, taking into account the need for fairness and propriety in the circumstances of the case. The final orders included judgment for the plaintiff against the second, third, fourth, and fifth defendants in the amount of $93,000, inclusive of the interest, and no order as to costs regarding the first defendant. The court also certified the trial as fit for Senior Counsel.