Greiss v Seven Network Operations Ltd (Costs)

The case before the court involved a defamation action brought by Mr. Greiss against Seven Network Operations Ltd and Leonie Ryan, a journalist. Mr. Greiss sought damages for defamatory publications related to allegations that he spat at or towards a rape victim. The court had previously awarded Mr. Greiss damages of $37,940 and dismissed his claim for aggravated damages. The primary legal issue before the court was the determination of costs associated with the litigation, given that Mr. Greiss had succeeded on only one of the three defamatory publications.

The court considered several factors in its decision, including the nature of the disentitling conduct by Mr. Greiss, the appropriate amount of costs to be awarded, and whether to reduce the respondents' costs under rule 40.08 of the Federal Court Rules 2011. The court noted that Mr. Greiss had made several offers of compromise, but these were rejected by the respondents, who only agreed to remove the publications as a gesture of goodwill. The court also highlighted that Ms. Ryan should not be required to pay Mr. Greiss's costs, as she was only a respondent in relation to one of the claims and was wholly successful in that regard.

The court concluded that, while there were merits in the respondents' position, particularly given that the damages awarded were modest and the outcome was not substantially different from what might have been achieved through compromise, Mr. Greiss was entitled to an award of costs. However, the court decided to reduce the costs by 75% to reflect the modest nature of the award and the circumstances of the case. The final order required the first respondent to pay Mr. Greiss's costs on a party and party basis, calculated as if the proceedings had been brought in the District Court of New South Wales.