Evatt v Nationwide News Pty Ltd (No 2)

The appeal concerned a defamation action brought by the plaintiff, Evatt, against the defendant, Nationwide News Pty Ltd. The dispute arose from articles published by the defendant which the plaintiff alleged were defamatory. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was the date from which the plaintiff's costs should be assessed. This was in the context of an offer of compromise made by the defendant prior to the trial. The court was required to determine whether the offer of compromise, which had been accepted by the plaintiff, had the continuing effect of requiring the plaintiff's costs to be assessed on an indemnity basis from the date of the offer.

The Court of Appeal reasoned that the offer of compromise, having been accepted by the plaintiff, was binding. The terms of the offer stipulated that if accepted, the plaintiff would be entitled to costs on an indemnity basis from the date of the offer. The court found no reason to depart from these terms and upheld the plaintiff's judgment, ordering that the costs be paid on an indemnity basis from 20 May 1996, the date of the offer. The court varied the original orders to reflect this determination.