Google Inc v Duffy

In *Google Inc v Duffy*, the Full Court of the Supreme Court of South Australia considered an appeal concerning the costs awarded in a defamation proceeding. The proceeding involved Google Inc as the defendant and Mr Duffy as the plaintiff. The dispute centred on the costs order made by the primary judge following a defamation trial.

The central legal issue before the Full Court was whether the primary judge had erred in departing from the general rule that costs follow the event, specifically by ordering that each party bear their own costs. The court was required to determine if there were sufficient grounds to justify this departure from the usual costs order in defamation proceedings.

The Full Court reasoned that the primary judge's decision to depart from the general rule was not supported by the evidence or the applicable legal principles. The court found that the plaintiff had been successful in establishing defamation, and there was no compelling reason to deviate from the ordinary course of ordering the unsuccessful party (Google Inc) to pay the successful party's (Mr Duffy's) costs. The court emphasised that a departure from the general rule requires strong justification, which was absent in this instance.

Consequently, the Full Court allowed the appeal, setting aside the primary judge's costs order. The court ordered that Google Inc pay Mr Duffy's costs of the appeal and that Google Inc pay Mr Duffy's costs of the proceeding at first instance, with those costs to be assessed.