Bruce loses in $6m decision
Judgement: Costs awarded in favour of Network Ten
Bruce Lehrmann has learned his fate, with Justice Michael Lee granting a costs order in the favour of Network Ten.
The judgment, handed down on Friday afternoon, followed Mr Lehrmann’s failed defamation case against Network Ten and Lisa Wilkinson.
Last month, Justice Lee found on civil standard of the balance of probability that Mr Lehrmann did rape Brittany Higgins in Parliament House in 2019.
Mr Lehrmann has until May 31 to launch an appeal against the decision after being granted a time extension.
Network Ten had asked for Mr Lehrmann to pay costs on “an indemnity basis”, which is an order reserved for exceptional circumstances.
Essentially, it’s argued Mr Lehrmann brought the defamation case on an improper or “baseless” case.
Notwithstanding Justice Lee’s concerns about Ten’s conduct, he said that Mr Lehrmann’s own conduct was so troubling in justified the awarding of indemnity costs on the truth case which Ten won.
“Given the subject matter and the success of the substantial truth defence, the seriousness of such conduct cannot be overstated,’’ Justice Lee said.
“And it is of such a character as to justify an award of indemnity costs.”
While the exact costs figure is yet to be announced, it is estimated to be about $6 million.
Lisa Wilkinson chose to employ an independent legal team to represent her in the case amid tensions with her employee over the Logies speech.
She could have chosen to simply rely on Network Ten’s barrister Matthew Collins KC, but instead hired leading defamation barrister Sue Chrysanthou SC.
Her costs were worth more than $700,000 before the trial but are now expected to be as much as $2 million.
Justice Lee ordered that Mr Lehrmann must pay Ten and Wilkinson’s legal costs on an indemnity basis.
He accepted Ten’s submission that Mr Lehrmann proceeded with the defamation case, knowing Brittany Higgins’ rape claims were substantially true.
As a result, it is likely that Mr Lehrmann will be unable to cover the costs.
Negotiations are continuing between Ten and Wilkinson on how much Ten will pay for her costs. Despite her legal win that Ten should pay her costs, there is a dispute over duplication and reasonableness.
If he is forced into bankruptcy it could also have an impact on the former Liberal staffer’s capacity to appeal the judgment he raped Ms Higgins, because strict rules apply to appeals that can involve evidence of the plaintiff’s financial capacity to pay legal costs that were not applied during the original civil trial.
News.com.au has previously revealed that Mr Lehrmann has engaged a noted appeals specialist Guy Reynolds SC to examine the judgment.