Woolf v Brandt (No 3)

Case [2023] NSWDC 215


District Court


New South Wales

Medium Neutral Citation: Woolf v Brandt (No 3) [2023] NSWDC 215
Hearing dates: 22 June 2023
Date of orders: 23 June 2023
Decision date: 23 June 2023
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(1) Pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the defendant’s costs of these proceedings in the form of a gross sum costs order in the sum of $13,917.75.

(2)   Enforcement of order (1) stayed for 28 days from the date of this judgment.

(3) Time for any application under UCPR r 36.16 extended to 28 days from the date of this judgment.

Catchwords:

COSTS – proceedings struck out summarily – application for gross sum costs order and for a partial indemnity costs order – no issue of principle

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 56, 60, 98

Defamation Act 2005 (NSW), s 12B

Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 42.1

Cases Cited:

Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137

Cappello v HomeBuilding Pty Ltd [2023] NSWCA 109

Cappello v Homebuilding Pty Ltd (No.2) [2023] NSWDC 54

Employers Mutual Ltd v Heise (No 3) [2022] NSWSC 1364

Hamod v State of New South Wales (No 13) [2009] NSWSC 756

In the matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356

Murrihy v Radio 2UE Sydney Pty Ltd [2000] NSWSC 318

Pirovic v Barbieri [2021] NSWSC 1460

Quach v Horvarth [2022] NSWSC 694

Shaw v Yarranova Pty Ltd [2011] VSCA 55

Wallis v Valentine [2002] EWCA Civ 1034; [2003] EMLR 8

Wentworth v Rogers (2006) 66 NSWLR 474

Williams v Spautz (1992) 174 CLR 509

Woolf v Brandt [2022] NSWDC 623

Young v Lalic [2006] NSWSC 379

Texts Cited:

Nil

Category:Costs
Parties: Richard Farrell Woolf (plaintiff)
Nicholas Brandt (defendant)
Representation:

Counsel:
Mr T Smartt (defendant)

Solicitors:
Youth Law Australia (defendant)
File Number(s): 2022/00135926
Publication restriction: Nil

Judgment

The plaintiff’s claims for defamation

  1. These are proceedings for defamation, commenced on 11 May 2022, for two publications on the defendant’s Facebook page dated 11 May (“the first publication”) and 28 August 2021 (“the second publication”).

  2. The defendant brought an application for summary dismissal of both claims in 2022, details of which are set out in Woolf v Brandt [2022] NSWDC 623. The challenge to the first publication, based on failure to provide proper particulars of identification and downloading, failed because the plaintiff had, by the time the application was heard, provided those particulars. The second publication was struck conformably with s 12B of the Defamation Act 2005 (NSW) (“the Act”), as I refused the plaintiff’s application for leave to commence proceedings under s 12B(3)(b).

  3. In that judgment, I made the following observations about costs:

“[70] I have required the plaintiff to provide full particulars of downloading for the first matter complained of and struck out the second matter complained of. In those circumstances, the plaintiff should pay the defendant’s costs, although I have granted liberty to apply…

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AGLC
Woolf v Brandt (No 3) [2023] NSWDC 215
Case
[2023] NSWDC 215
Decision Date

CaseChat Overview and Summary

In Woolf v Brandt, the plaintiff, Mr Woolf, sought to recover costs in relation to proceedings that were struck out summarily. The defendant, Ms Brandt, opposed the application for costs, arguing that the plaintiff was not entitled to the relief sought. The court was required to determine whether the plaintiff could recover the costs of the proceedings and, if so, in what form. The plaintiff sought a gross sum costs order and a partial indemnity costs order. The defendant argued that the plaintiff was not entitled to an indemnity costs order as there was no issue of principle involved in the proceedings. The court considered the relevant statutory provisions and case law to determine whether the plaintiff was entitled to the relief sought. The court found that the plaintiff was entitled to recover the costs of the proceedings, but only in the form of a gross sum costs order. The court held that there was no issue of principle involved in the proceedings, and therefore, the plaintiff was not entitled to an indemnity costs order. The court ordered that the plaintiff pay the defendant's costs of the proceedings in the form of a gross sum costs order in the sum of $13,917.75. The enforcement of the order was stayed for 28 days from the date of the judgment, and the time for any application under UCPR r 36.16 was extended to 28 days from the date of the judgment.

Orders

Orders of the court

(1) Pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), the plaintiff is to pay the defendant’s costs of these proceedings in the form of a gross sum costs order in the sum of $13,917.75.

(2) Enforcement of order (1) stayed for 28 days from the date of this judgment.

(3) Time for any application under UCPR r 36.16 extended to 28 days from the date of this judgment.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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