Moodie v Strachan

Moodie v Strachan is a defamation case that has been the subject of numerous interlocutory applications and judgments over the course of several years. The plaintiff, Dr. Moodie, a solicitor, brought defamation proceedings against the defendant, Ms. Strachan, who was a former employee, and others, in relation to comments she made about him in an article published in The Listener. The proceeding against the other defendants was settled, leaving only Ms. Strachan as a defendant. The case has been plagued by delays and was ultimately stayed by consent when Dr. Moodie, citing his ill health and age, consented to a stay. The court was required to determine the costs of the proceeding.

The legal issues the court had to decide were whether the plaintiff should be ordered to pay the defendant's costs following the permanent stay of the proceeding and, if so, the appropriate amount of those costs. The court considered the rule that a plaintiff who discontinues a proceeding must pay costs to the defendant up to and including the date of discontinuance, and whether any of the exceptions to that rule applied. The court held that none of the exceptions applied and that the plaintiff must pay the defendant's costs in the usual way.

The court's reasoning was that it was reasonable for Dr. Moodie to bring the proceeding and for Ms. Strachan to defend it. The case was not discontinued due to any vindication of the plaintiff's action, nor were the merits so obvious as to influence the costs outcome. The case had simply ground to a halt due to the plaintiff's lack of capacity to continue and the delays that had attended the proceeding. The court found no basis to challenge the defendant's costs schedule and ordered the plaintiff to pay the defendant's costs of $42,988.

This case highlights the importance of timely and efficient litigation and the consequences that can arise from prolonged delays and the inability of a party to continue with a proceeding. It also demonstrates the court's approach to determining costs following a permanent stay of proceeding and the factors that may influence that determination.