SUPREME COURT OF SOUTH AUSTRALIA
(Civil)
SLATER v ECOSOL PTY LTD (NO 2)
[2024] SASC 29
Judgment of the Honourable Justice Blue
DEFAMATION - ACTIONS FOR DEFAMATION - COSTS
DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - INDEMNITY COSTS
DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - GENERAL RULE - COSTS FOLLOW THE EVENT - COSTS OF ACTION
Applications for costs.
A defamation action by the applicant Mathew Slater against Ecosol Pty Ltd and a cross action by Jeffery Smith against Mr Slater were dismissed: Slater v Ecosol Pty Ltd [2023] SASC 99.
Ecosol Pty Ltd and Mr Smith seek an order that Mr Slater pay their costs of Mr Slater’s action on an indemnity basis from the date of Calderbank offers made by them on the ground that Mr Slater unreasonably rejected the offers.
Mr Slater seeks an order that Mr Smith pay his costs of Mr Smith’s action on an indemnity basis on the ground that the action was an abuse of process. Alternatively he seeks an order that Mr Smith pay his costs of the action on an indemnity basis from the date of Calderbank offers made by him on the ground that Mr Smith unreasonably rejected the offers. In the alternative he seeks an order that Mr Smith pay his costs of the action on the ordinary basis when the action was in the District Court of New South Wales and on the standard basis, that is in accordance with the scale applicable in the Magistrates Court, since the action has been in the Supreme Court.
Held:
1 Discussion of costs principles when Calderbank offer not accepted (at [93]-[117]).
2It was not unreasonable for Mr Slater not to accept the 7 July 2021 offer and the discretion to order indemnity costs should not be exercised (at [136]).
3It was not unreasonable for Mr Slater not to accept the 17 August 2021 offer and the discretion to order indemnity costs should not be exercised (at [200]-[201], [204]).
4It was not unreasonable for Mr Slater not to accept the 22 July 2021 offer and the discretion to order indemnity costs should not be exercised (at [206]).
5It was not unreasonable for Mr Slater not to accept the 23 March 2022 offer and the discretion to order indemnity costs should not be exercised (at [213]).
6A single costs order should be made in favour of Ecosol Pty Ltd and Mr Smith that Mr Slater pay the costs of Mr Slater’s action on the Magistrates Court costs scale (at [234], [245]).
7Those costs should not be reduced due to the concurrent hearing of Mr Smith’s action or mixed success on trial or interlocutory issues (at [227]).
8It should be ordered that Mr Slater pay the costs of his action of Ecosol Pty Ltd and Mr Smith in accordance with the Magistrates Court costs (at [245]).
9It was not unreasonable for Mr Smith not to accept the 9 April 2020 offer and the discretion to order indemnity costs should not…
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- Case
- [2024] SASC 29
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the Smith action and Mr Smith's costs incurred, finding that Mr Smith had already incurred costs significantly exceeding the amount offered by Mr Slater. Given Mr Smith's substantial costs, the court determined that it was not unreasonable for him to reject Mr Slater's offer. The court also considered the Calderbank offers made by Mr Slater, but found that Mr Smith's rejection was not unreasonable considering the costs already incurred. Regarding indemnity costs, the court concluded that the Smith action was not an abuse of process and that Mr Smith's rejection of the offers was not unreasonable. Consequently, the court ruled against Mr Slater's request for indemnity costs.
The court ordered that Mr Slater pay the joint costs of Ecosol and Mr Smith for the Slater action in accordance with the Magistrates Court costs scale. The court also rejected Mr Slater's claims for indemnity costs in the Smith action, finding that Mr Smith's rejection of Mr Slater's offers was not unreasonable. The final orders included the direction that Mr Slater pay the costs of the Slater action to Ecosol and Mr Smith in accordance with the Magistrates Court costs scale. The court did not find merit in Mr Slater's request for indemnity costs for the Smith action.
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