Australia, May 4 -- New South Wales Land and Environment Court issued text of the following judgement on April 3:
1. These are defamation proceedings with a short history, as the plaintiff discontinued his claim on the first return date. The sole remaining issue is the defendant's application for a gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW).
2. The defendant acknowledges that the consequences of discontinuance generally include adverse costs orders. The issue addressed by the parties is whether the costs to be awarded (which the plaintiff concedes should be determined in a gross sum) should be for the maximum sum claimed of $4572, or the sum proposed by the plaintiff, namely $2324.10.
3. The two reaso...