|
New South Wales |
Case Name: | Rothe v Scott (No. 5) |
Medium Neutral Citation: | [2016] NSWDC 225 |
Hearing Date(s): | 22 September 2016 |
Date of Orders: | 22 September 2016 |
Decision Date: | 22 September 2016 |
Jurisdiction: | Civil |
Before: | Gibson DCJ |
Decision: | (1) The plaintiff is awarded interest on costs at 3% from 12 March 2014, making a total of $6,264 and increasing the judgment sum to $156,264. |
Catchwords: | TORT – defamation – judgment for plaintiff for $150,000 – applications for interest on judgment, indemnity costs and interest on costs – no issue of principle |
Legislation Cited: | Civil Procedure Act 2005 (NSW) ss 21, 100, 101 |
Cases Cited: | Cerrutti v Crestside Pty Ltd [2016] 1 Qd R 89 |
Texts Cited: | - |
Category: | Costs |
Parties: | Plaintiff: Kenneth Rothe |
Representation: | Counsel: |
File Number(s): | 2015/74837 |
Publication Restriction: | None |
JUDGMENT
In Rothe v Scott (No. 4) [2016] NSWDC 160, the plaintiff was awarded $150,000 damages following publication of grave allegations about the plaintiff on Facebook. The plaintiff now brings applications for:
(a)Interest on the damages awarded;
(b)Costs on an indemnity basis; and
(c)Interest on costs.
These are my reasons for making the orders sought by the plaintiff.
Interest on the damages awarded
The plaintiff claims pre-judgment interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW). The entitlement of a plaintiff to claim interest on defamation damages is of long standing (John Fairfax & Sons v Kelly (1987) 8 NSWLR 131) and while s 100, by use of the word “may”, conveys discretion, interest is almost invariably awarded, as Applegarth JA (setting aside a refusal by the first instance judge to award interest) explains in Cerrutti v Crestside Pty Ltd [2016] 1 Qd R 89 at [93] – [102].
The appropriate rate for non-economic loss has been accepted as being 4%: MBP (SA) Ltd v Gogic (1991) 171 CLR 657. Awards of 4% in defamation are rare, as the 4% figure is reduced to take into account that the damage has been…
Continue reading Rothe v Scott (No. 5)
Sign in free to access the full text
- AGLC
- Rothe v Scott (No. 5) [2016] NSWDC 225
- Case
- [2016] NSWDC 225
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the plaintiff was entitled to interest on the judgment debt and whether the defendant was liable for indemnity costs. The court also had to determine the applicable rate of interest on the costs and whether the prescribed rate applied under the Civil Procedure Act 2005 was appropriate.
The court found that Rothe was entitled to interest on the judgment sum at the rate of 3% from the date of the judgment until the date of the order, amounting to $6,264. This increased the total judgment sum to $156,264. The court further ruled that Scott was liable for indemnity costs as per section 40(2)(a) of the Defamation Act 2005. Additionally, Rothe was entitled to interest on those costs at the prescribed rate as per section 101 of the Civil Procedure Act 2005.
The court made three orders. First, it awarded Rothe interest on the judgment sum at 3%, increasing the total amount to $156,264. Second, it ordered Scott to pay Rothe’s costs on an indemnity basis. Finally, it granted Rothe an order for interest on the indemnity costs at the prescribed rate.
Orders
Orders of the court
(1) The plaintiff is awarded interest on costs at 3% from 12 March 2014, making a total of $6,264 and increasing the judgment sum to $156,264.
(2) The defendant is to pay the plaintiff’s costs of these proceedings on an indemnity basis pursuant to s 40(2)(a) of the Defamation Act 2005 (NSW).
(3) The plaintiff is entitled to an order for interest on those costs at the prescribed rate pursuant to s 101 of the Civil Procedure Act 2005.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.