Rachel de Luchi appeared for the defendant/respondents instructed by Barry Nilsson.
The judgment follows a previous application for summary judgment, or alternatively to strike out the statement of claim in a defamation case brought by the plaintiff/applicant where the former was successful.
The plaintiff then sought costs of the application, arguing mixed success justified departure from the usual rule of following the event pursuant to r 681 of the Uniform Civil Procedures Act 1999 (Qld).
The Court ultimately refused the plaintiff/applicant’s application for costs and awarded the defendant’s costs of this costs hearing on the standard basis.
The judgment can be read by clicking here
