Slater v Ecosol Pty Ltd (No 4)

SUPREME COURT OF SOUTH AUSTRALIA

(Civil)

SLATER v ECOSOL PTY LTD (No 4)

[2024] SASC 71

Decision of the Honourable Justice Blue  

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS

DEFAMATION - ACTIONS FOR DEFAMATION - COSTS - OTHER MATTERS

The cross-applicant Jeffery Smith was previously ordered to pay the costs of his action against the cross-respondent Matthew Slater in accordance with the ordinary basis applicable in the District Court of New South Wales up to 17 June 2021 and thereafter as if the action had proceeded from that date in the Magistrates Court: Slater v Ecosol Pty Ltd (No 2) [2024] SASC 29.

These reasons address the amount of the costs pursuant to that costs order.

Held:

1In relation to costs incurred up to 17 June 2021:

(a)    $2,244 is recoverable as solicitors costs while Mr Slater solicitors were on record (at [18]);

(b)    $5,082 is recoverable as counsel fees (at [25]);

(c)     $5,459.10 is recoverable as solicitors costs while Mr Slater solicitors were not on record (at [47]);

(d)    $214.50 for disbursements is conceded by Mr Smith (at [50]).

2In relation to costs incurred after 17 June 2021:

(a)    the trial listing fee for listing the Slater action for trial is not recoverable from Mr Smith (at [56]);

(b)    $38 being 100 per cent of four pages and $14.25 being 50 per cent of these pages of transcript of the hearing on 24 November 2021, and $35.50 being 50 per cent of the cost of car parking to view transcript for the purpose of oral closing addresses is recoverable from Mr Smith (at [83], [84], [88]);

(c)     costs of or associated with the purchase of transcript are not otherwise recoverable from Mr Smith at [85]);

(c)     $360.97 being 50 per cent of witness fees and service fees paid to or in respect of the Roys, Mr Hales, Mr Hornbuckle and Ms Veness are recoverable from Mr Smith at [106]);

(e)     witness fees as and service fees paid to or in respect of other witnesses are not recoverable from Mr Smith (at [103]);

(f)     $238.20 in respect of car parking to attend hearings is recoverable from Mr Smith (at [117]);

(g)     $615.54 being 50 per cent of the cost of copying tender books is recoverable from Mr Smith (at [122]);

(h)    $2,466.75 being 50 per cent of the cost of Janic’s work compiling documents pursuant to a discovery order is recoverable from Mr Smith (at [129]);

(i)      costs of transcript incurred by the respondents in the Slater action and recoverable from Mr Slater are not recoverable from Mr Smith (at [163]);

(j)     the 50 per cent of travel and accommodation costs incurred by Mr Smith and reimbursed by Ecosol are recoverable from Mr Slater and not recoverable from Mr Smith (at [167]).

3Costs fixed at $16,768.82 (at [168]).

4Liberty to apply to Mr Slater if he is required to pay the Lucent invoice dated 13 September 2022 in future (at [169]).

Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), referred…