CITATION: Charlotte Dawson v ACP Publishing Pty Ltd [2007] NSWSC 542 HEARING DATE(S): 21.05.07
JUDGMENT DATE :
31 May 2007JUDGMENT OF: Nicholas J DECISION: para 27 CATCHWORDS: Procedure – Supreme Court procedure – Procedure under Rules of court – Offer of compromise – offer accepted – whether plaintiff entitled to entry of judgment – purpose of compromise regime under Uniform Civil Procedural Rules 2005 (NSW) – operation of r 20.27(3), r 20.29 LEGISLATION CITED: Civil Procedure Act 2005 s 90, s 133
Uniform Civil Procedure Rules 2005 r 12.1, r 20.26, r 20.27, r 20.29, r 36.11CASES CITED: Bailey v Marinoff (1971) 125 CLR 529
Cooper v Williams [1963] 2 QB 567
Hutchinson v Nominal Defendant [1972] 1 NSWLR 443
KBRV Resort Operations Pty Ltd v Chilcott (2001) 51 NSWLR 516
Meehan v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146PARTIES: Charlotte Dawson - plaintiff
ACP Publishing Pty Ltd - defendantFILE NUMBER(S): SC 20121/02 COUNSEL: T Molomby SC/R Rasmussen - plaintiff
M O'Brien solicitor - defendantSOLICITORS: G J Godden - plaintiff
Johnson Winter & Slattery - defendant
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST
Nicholas J
31 May 2007
20121/02 Charlotte Dawson v ACP Publishing Pty Ltd
JUDGMENT
1 His Honour: Following her acceptance of the defendant’s offer of compromise in these proceedings, the plaintiff sought orders for judgment in the sum of $225,000.00, and for payment of costs as agreed or assessed. The defendant opposed the claim. It contended that the proceedings should be finally disposed of by an order that they be permanently stayed, or by giving leave to the plaintiff to discontinue, and it be ordered to pay the plaintiff’s costs up to the date of the offer of compromise.
2 The relevant background is as follows.
3 In these proceedings the plaintiff claimed damages in defamation against the defendant arising out of the publication on about 4 September 2000 of an article in the magazine “Woman’s Day”. On 22 April 2003, in a trial pursuant to s 7A Defamation Act 1974, the jury found that the publication conveyed the five defamatory imputations of which she complained. The defendant defended the claims on a number of grounds, including truth and contextual truth.
4 On 19 March 2007 the defendant’s solicitors served an offer of compromise upon the plaintiff’s solicitors in the following terms:
- “The Defendant offers to compromise the Plaintiff’s claim in the proceedings in the following manner:
- 1. Payment by the Defendant to the Plaintiff in the sum of $225,000 plus legal costs as agreed or assessed, in full and final settlement of the proceedings.
2. This offer shall remain open to be accepted until 19 April 2007.
3. This offer is made in accordance with Part 20, Division 4, Rules 20.25 – 32 of the Uniform Civil Procedure Rules.”
5 By letter dated 18 April 2007 the plaintiff’s solicitors accepted the offer.
6 By letter dated 11 May 2007 the plaintiff’s solicitors sought the…
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- AGLC
- Charlotte Dawson v ACP Publishing Pty Ltd [2007] NSWSC 542
- Case
- [2007] NSWSC 542
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the plaintiff was entitled to have judgment entered in her favour following the defendant's acceptance of a compromise offer. This involved interpreting the compromise regime under the Uniform Civil Procedural Rules 2005 (NSW) and determining the operation of rules 20.27(3) and 20.29. The court had to consider whether the plaintiff's acceptance of the compromise offer entitled her to judgment, even if the offer had been subsequently withdrawn by the defendant.
The Supreme Court found that the plaintiff was not entitled to have judgment entered in her favour. The court held that the purpose of the compromise regime under the Uniform Civil Procedural Rules 2005 (NSW) was to encourage parties to resolve disputes without the need for litigation, and that this purpose would be undermined if a party could unilaterally secure judgment following an accepted offer of compromise. The court concluded that the plaintiff's acceptance of the compromise offer did not automatically entitle her to judgment, as the offer could be withdrawn by the defendant before judgment was entered. The court further found that the provisions of rules 20.27(3) and 20.29 supported this interpretation, as they were designed to protect the defendant's ability to withdraw an offer of compromise before judgment was entered.
The court's decision resulted in the dismissal of the plaintiff's application for entry of judgment. The Supreme Court ruled that the plaintiff was not entitled to have judgment entered in her favour based on the defendant's acceptance of a compromise offer, as the offer could be withdrawn before judgment was entered. The court's interpretation of the compromise regime under the Uniform Civil Procedural Rules 2005 (NSW) and the operation of rules 20.27(3) and 20.29 supported this outcome, emphasising the importance of protecting the defendant's ability to withdraw an offer of compromise.
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