Cross v Queensland Newspapers Pty Ltd (No 2)

The Court of Appeal of New South Wales considered an appeal by the plaintiff, Cross, against Queensland Newspapers Pty Ltd. The dispute concerned claims of defamation arising from newspaper publications. The court was required to determine whether to grant an extension of time for the appeal, whether to set aside previous orders of the Court of Appeal and the trial judge, and how to resolve the defamation claims, including the assessment of costs.

The legal issues before the court included the application of the slip rule to amend orders to reflect the court's judgment, the principles governing differential costs orders under the *Civil Procedure Act 2005* (NSW) where a party is successful on a discrete cause of action or issue, and the appropriate orders for costs of a trial where proceedings are remitted to the trial judge. The court also had to consider the plaintiff's entitlement to costs of the appeal.

The court allowed the appeal in part, setting aside certain orders of both the Court of Appeal and the trial judge. Judgment was entered for the defendant in respect of one defamation claim, while another claim was remitted to the Common Law Division for further determination of defences and damages. The court ordered that the costs of the first trial be determined by the trial judge at the remitted hearing. The defendant was ordered to pay the plaintiff's costs of the appeal and the costs of a related notice of motion.