Coull v Nationwide News Pty Ltd

In the Federal Court, Coull sued Nationwide News Pty Ltd, the publisher of the Daily Telegraph, for defamation. Coull, a former police officer, claimed that an article published in the Daily Telegraph defamed him by implying that he was involved in corrupt activities. The court was required to determine whether the published article was defamatory and whether Nationwide News had a valid defence of truth. The court found that the article was indeed defamatory, as it conveyed the impression that Coull was corrupt. However, the court also found that Nationwide News had a valid defence of truth, as the article's claims were substantiated by evidence.

Regarding costs, the court considered whether Nationwide News should be ordered to pay Coull's costs under Order 26.11(2) and Order 48.12 of the Federal Court Rules. Order 26.11(2) allows the court to order a party to pay the costs of another party if the court considers it just to do so. Order 48.12 allows the court to order a party to pay the costs of another party if they made an offer of compromise that was not accepted and which was more favourable to the offeror than the eventual outcome. The court found that Nationwide News had made an offer of compromise that was more favourable than the eventual outcome, and therefore ordered them to pay Coull's costs under Order 48.12.

Ultimately, the court dismissed Coull's claim for defamation but ordered Nationwide News to pay Coull's costs under Order 48.12. This decision highlights the importance of considering offers of compromise when determining costs in defamation cases. It also underscores the need for publishers to ensure that their articles are substantiated by evidence to avoid liability for defamation.