Megna v Marshall (No 2)

In Megna v Marshall (No 2), the plaintiffs sought interest and costs from the defendants after successfully pursuing a defamation claim. The defendants had made offers of compromise which were rejected by the plaintiffs. The court had to determine the method of calculating interest on the damages awarded, the applicable interest rate, and the orders for costs. The court found that the plaintiffs were entitled to interest at the Commonwealth Bank of Australia's standard variable home loan rate from the date of the defamatory publication until the date of judgment. The court further found that the plaintiffs were entitled to costs on an ordinary basis for the trial and on an indemnity basis for the proceedings up to the trial. The court held that the defendants' offers of compromise were not genuine and that the plaintiffs were not required to consider them.

The court reasoned that the offer of compromise was not made in good faith and was not a genuine attempt to resolve the dispute. The court found that the offer was made as a tactical move to avoid liability and to delay the proceedings. The court held that the plaintiffs were not required to consider the offer and that the defendants were not entitled to any credit for the offer. The court further held that the plaintiffs were entitled to costs on an indemnity basis for the proceedings up to the trial because the defendants' conduct was unreasonable and vexatious. The court found that the defendants had acted in a manner that was oppressive and burdensome to the plaintiffs and that the plaintiffs were entitled to be compensated for their costs. The court ordered the defendants to pay the plaintiffs' costs on an indemnity basis for the proceedings up to the trial and on an ordinary basis for the trial.