Rivkin v John Fairfax Publications P/L

Supreme Court of NSW|2004-07-30|Before: Fairfax Publications P, Kirby J, Levine J, Simpson J, Meagher JA, Grove J, Whealy J

The application for indemnity costs in respect to the first and second trials is refused.

The defendant should pay two-thirds of the plaintiff's (Mr Rivkin's) costs in respect of this application before me. **********

Last Modified: 08/03/2004 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Rivkin v John Fairfax Publications P/L [2004] NSWSC 671 HEARING DATE(S) : 22/07/04 JUDGMENT DATE : 30 July 2004

CATCHWORDS : DEFAMATION - s7A trial - successful appeal - appeal to High Court - partial retrial ordered - consent judgment for defendant on retrial - application by defendant for indemnity costs and costs of first trial. LEGISLATION CITED : Supreme Court Act 1970 Defamation Act 1974 R v Rivkin [2004] NSWCCA 7 John Fairfax Publications P/L v Rivkin (2003) 201 ALR 77 CASES CITED : Rouse v Shepherd (No 2) (1994) 35 NSWLR 277 Colgate-Palmolive Pty Ltd v Cussons (1993) 46 FCR 225 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 PARTIES : Rene Rivkin (Resp) John Fairfax Publications Pty Limited (Appl) FILE NUMBER(S) : SC 20084/98 R G McHugh (Resp) COUNSEL : T Blackburn SC (Appl)

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