Billionaire’s costs will not similarly be paid by WA premier, as judge finds ‘asymmetry of responsibility’ for ‘long and costly’ case
in a war of words over Covid-19 and extraordinary legislation extinguishing the billionaire’s $30bn claim against Western Australia.Palmer received damages of just $5,000 while McGowan got $20,000 because JusticeOn Thursday Lee gave judgment on costs, which he noted would be in “glaring disproportion” to the judgment sum.
Given the mixed result, Lee said some might see “merit in saying a ‘plague on both your houses’ … like the response to the feud between the houses of Montagues and Capulets” – and make no order as to costs. The judge said on the primary claim, McGowan “should not get his costs” because he had been found to have defamed Palmer, for imputations including that Palmer posed a threat to the people of WA and Australia.
Justice Lee ordered Palmer to pay an as-yet undetermined “lump sum” of McGowan’s costs for the cross-claim from 22 December, a few days after the offer.
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