Marshall v Megna; Megna v Tory; Tory v Megna (No 2)

This matter concerned appeals and cross-appeals arising from a defamation proceeding. The primary dispute involved the calculation of damages and the award of costs, specifically concerning interest on damages and the effect of an offer of compromise. The appeals were heard by Beazley P and Hoeben JA in the Court of Appeal of New South Wales.

The court was required to determine the correct date from which interest should be calculated on damages awarded over a period, and whether an offer of compromise, made pursuant to the Uniform Civil Procedure Rules, should be given effect as a *Calderbank* offer. The court also considered the basis upon which costs should be awarded, particularly in light of the offer of compromise and the outcome of the proceedings.

The court varied earlier orders regarding the calculation of damages, specifying the exact sums awarded to certain parties. It also adjusted the order for costs, stipulating that costs should be awarded on an ordinary basis up to a particular date, and thereafter on an indemnity basis. This adjustment reflected the court's assessment of the offer of compromise and its impact on the litigation.

Ultimately, the court ordered that each party bear its own costs of the notice of motion, indicating that neither party had fully succeeded on that particular application.