Defteros v Google LLC (Costs)

Defteros v Google LLC is a case concerning the apportionment of costs in a defamation matter where the plaintiff was partially successful. The case was heard in the County Court of Victoria. The plaintiff, Defteros, sued Google LLC for defamation in two separate proceedings, one of which was later dismissed. The central legal issue before the court was the apportionment of costs between the plaintiff and the defendant given the mixed success in the proceedings.

The court examined the principles established in Chen v Chan, which set out the general approach to costs apportionment in cases where parties have experienced mixed success. The court considered whether the costs should be assessed on an indemnity basis, as provided for under the Defamation Act 2005 (Vic), section 40. The court noted the importance of the proportionality principle in determining the costs order and weighed the success and failure of each party in both proceedings.

In its judgment, the court held that the plaintiff's success in one proceeding warranted an indemnity costs order in that matter, but the dismissal of the second proceeding meant that the defendant was entitled to a costs order in that matter as well. The court concluded that a detailed assessment of the work done and the outcomes achieved in each proceeding was necessary to ensure that the costs order was fair and just. The court ordered that the parties bear their own costs for the proceeding in which they were unsuccessful and that the successful party in the other proceeding be awarded indemnity costs, subject to a detailed assessment.

The court's final orders included the apportionment of costs in a manner that reflected the mixed success of the parties, with a detailed assessment to determine the precise costs to be borne by each party.