The federal court has ordered Bruce Lehrmann to pay most of Ten’s legal costs from his failed defamation suit against the TV network and Project host Lisa Wilkinson.
Justice Michael Lee on Friday said Lehrmann should pay almost all of Ten’s costs on an indemnity basis, except when it came to the failed qualified privilege defence argument, where the network would receive regular costs.
“In the end, it comes down to the order for costs that does best overall justice in the circumstances,” Lee said.
“On balance, the appropriate exercise of discretion is to make an award that Network Ten recover its costs against Mr Lehrmann on an indemnity basis, except for costs incurred in relation to the statutory qualified privilege defence, which will be recoverable save for the cost of the affidavits to which I’ve referred on an ordinary or party-party basis.
“As to Ms Wilkinson’s costs [she] makes the same points made by Network Ten.”
The costs for all parties have been estimated to be between $8m and $10m for the 24-day civil trial which Lehrmann lost.
Network Ten’s legal team had argued Lehrmann should pay all its costs because suing The Project for defamation was “deliberately wicked and calculated” and an abuse of process.
The former Liberal staffer lost the defamation case he brought against Ten and Wilkinson, with Lee finding last month that on the balance of probabilities Lehrmann raped Brittany Higgins on a minister’s couch in Parliament House in 2019.
By all accounts, Lehrmann is jobless, homeless and lacking in significant means to pay Ten’s costs, so having successfully defended the case, the network could still be saddled with the bill.
The applicant’s lawyers told the court on Wednesday that Lehrmann did not have a third party lined up to pay his legal costs and they had agreed to a no-win no-fee arrangement.
Lee said Lehrmann’s legal costs were significant but were not recoverable.
“There’s been a lot of costs rendered, but they’re not recoverable, because Mr Lehrmann … lost,” Lee said. “And there’s no third-party agreement to pay costs.”
At the initial costs hearing on 1 May, Lee reserved his decision and granted Lehrmann an extension of time – until 31 May – to consider whether to appeal.
Lee found last month that on the balance of probabilities, Lehrmann raped Brittany Higgins on a minister’s couch in Parliament House in 2019. Lehrmann has always denied the allegation and pleaded not guilty at the criminal trial of the matter which was aborted due to juror misconduct.
