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Lehrmann to pay costs but there are ‘no real winners’, judge says
While ruling on costs, Justice Michael Lee stressed there were “no real winners” in Bruce Lehrmann’s failed defamation case and comments made by Network Ten “mischaracterised” the judgment.
Lauren Croft
The Federal Court ordered Bruce Lehrmann to pay Network Ten and Lisa Wilkinson costs on an ordinary basis for submissions on the failed statutory qualified privilege defence and costs on an indemnity basis for any other costs incidental to the proceedings.
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Network Ten will not be able to recover costs for the preparation of Ten of its affidavits, including four sworn by Wilkinson.
Justice Lee began his judgment on Friday (10 May) afternoon by making it clear there were “no real winners in this litigation”.
He stressed the result is “best characterised” as Network Ten overcoming a “misconceived claim” because it was able to prove the substantial truth that Lehrmann raped Brittany Higgins.
However, he said that with the “predictability of an atomic clock”, Network Ten focused on parts of the judgment “that happen to align with preconceived notions” and ignored the reality that it lost on several parts of its submissions, including the qualified privilege defence.
Justice Lee added the “victory tour” by one of Network Ten’s solicitors expressed “mischaracterised” comments about the judgment.
While Justice Lee questioned whether this could impact the costs Network Ten could receive, he did agree to set it to one side.
“Although I am not convinced any post-judgment conduct could be irrelevant to costs, for present purposes I do not consider any mischaracterisations of my judgment are material to the exercise of the present costs discretion, and I accept it must be put to one side,” he said.
Justice Lee also considered the one offer of settlement made by Network Ten that proposed the parties walk away without any costs.
The offer was made in circumstances where Network Ten was told by Brittany Higgins she would not voluntarily participate in the Federal Court proceedings if they offered to settle with Lehrmann.
This meant the proceedings were at risk of not resolving as “quickly, inexpensively and efficiently as possible”.
As there was no evidence of a formal agreement between Network Ten and Higgins, Justice Lee said he was willing to accept the assurances of senior counsel “that this was not the case”.
“It is unnecessary to reach a final view as to the appropriateness of a party accepting such conditions sought to be imposed by a third-party witness in exchange for cooperation, and this issue can be put to one side,” Justice Lee said.
“In any event, Mr Lehrmann peremptorily rejected the offer in less than two hours, and there is no evidence of any counter-offer being made.”
