Dominello v Harbour Radio Pty Ltd t/as 2GB (No.2)

The case of Dominello v Harbour Radio Pty Ltd t/as 2GB (No.2) was heard before the Supreme Court of New South Wales. The plaintiff, Dominello, sought to recover damages for defamation against the defendant, Harbour Radio Pty Ltd, trading as 2GB. The dispute arose from comments made on a radio broadcast that Dominello alleged were defamatory. Harbour Radio had made an offer to make amends, which included payment of Dominello's expenses reasonably incurred. The central issue before the court was whether it had the authority to make a costs order despite the acceptance of this offer, given that neither party had acted unreasonably during the litigation.

The court considered whether the acceptance of the offer to make amends by the plaintiff precluded the court from making a costs order. It examined the precedent set by previous cases and the statutory provisions governing costs in defamation cases. The court found that the acceptance of an offer to make amends does not automatically bar the court from making a costs order. The court has the discretion to order costs if it is satisfied that neither party acted unreasonably in the course of the litigation. In this instance, the court held that since neither party acted unreasonably, it retained the power to make a costs order.

Given that neither party acted unreasonably, the court exercised its discretion to make a costs order. The court found that the offer to make amends did not preclude it from ordering costs, as the primary consideration was the conduct of the parties during the litigation. The court determined the amount of costs to be awarded, taking into account the expenses reasonably incurred by the plaintiff. The final orders included a costs order in favour of the plaintiff, reflecting the court's decision that neither party had acted unreasonably and that the offer to make amends did not preclude the imposition of costs.