‘No real winners’: Bruce Lehrmann loses again in $6 million judgment

The Federal Court has heard there are “no real winners” as Bruce Lehrmann finds out how much money he owes after his failed defamation case.

Bruce Lehrmann has today 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.

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Bruce Lehrmann. Picture: Don Arnold/Getty Images

Judge slams Bruce Lehrmann’s conduct, awards indemnity costs

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’s costs

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 that is yet to play out.

Sue Chrysanthou SC and Lisa Wilkinson. Picture: Don Arnold/Getty Images

‘No real winners’: Justice Lee hands down judgment

Justice Michael Lee has handed down his judgment on who should pay Ten’s estimated $6 million legal costs in the Bruce Lehrmann defamation trial declaring there were “no winners” in the case.

The judgment follows his findings that Mr Lehrmann raped Ms Higgins on the balance of probabilities. However, he also raised concerns about the conduct of Ten as “far from reasonable”.

“There are no real winners in this litigation,’’ he said. “The result is best characterised as the respondents (Network Ten and Lisa Wilkinson) overcoming a misconceived claim in relation to a broadcast because they were able to prove at trial the substantial truth of what the contemporaneous material demonstrates.”

However, he took issue with Ten’s attempts to publicly declare the outcome as a clean win.

“Of course, with the predictability of an atomic clock, partisans … focus solely on those parts of the judgment that happened to align with preconceived notions,” Justice Lee said.

“But the reality of mixed findings has been somewhat obscured in the public statements of the respondents (Ten) and their submissions as to costs, which advance an assertion that they won the litigation and that cost should axiomatically follow the event.”

Justice Lee also took aim at Ms Higgins’ fiance David Sharaz suggesting Ten should have been concerned about his motivations.

“I also explained that although the respondents (were) legally justified the imputation of rape, their conduct was not justifiable in any broader sense,’’ he said.

“The credulous approach taken to the allegations pitched by Mr Sharaz and as to Ms Higgins credit generally lacked both rigour and objectivity.

“A publication is not reasonable simply because it turns out to be true in some respects.”

Brittany Higgins and her fiance David Sharaz. Picture: davidsharaz/Instagram

‘Bankruptcy’ a possibility for Bruce Lehrmann

During last week’s costs hearing, Justice Lee raised the prospect that Mr Lehrmann will be unable to pay Ten’s legal costs and will be forced into bankruptcy.

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.

During a legal costs hearing in Sydney last week, Ten’s barrister Matt Collins KC raised concerns that much of the legal arguments were “academic” because Mr Lehrmann will not be able to pay the costs that are estimated to be between $5 million and $6 million.

“Alternatively, someone has to go and bankrupt Mr Lehrmann or do something like that,’’ Dr Collins said.

Justice Lee also discussed how Wilkinson should get her legal bills paid for by Ten, following her court victory on that issue.

“She’s entitled to get a cheque from Network 10 prior to waiting to see whether or not Mr Lehrmann comes up with any money or he’s placed in a bankruptcy,’’ Justice Lee said.

Lehrmann denies having ‘secret backers’

Mr Lehrmann was forced to reveal documents showing whether or not a secret financial backer was bankrolling his multimillion-dollar defamation case.

Justice Lee presided over the hearing on Wednesday this week after Network Ten issued legal demands to probe if any third party was bankrolling the case.

But Mr Lehrmann’s legal team revealed there was a no win-no fee agreement in place which means his lawyers will not get paid.

The total cost of the defamation trial could rise to $10 million in total.

But to date, Mr Lehrmann has never paid a dollar for his own legal team.

In relation to a third party agreement involving a secret financial backer, his legal team said there was none.

“Your Honour, there are no documents to produce, in that we read that paragraph as requiring production of any agreement by a third party to pay the applicant’s costs,’’ his lawyer Paul Svilans told the court. “However, there is none such agreement.”

The only cost agreement was on a no win-no fee basis.

“There is only a cost agreement between my firm and the applicant. That agreement makes no reference to any third party. I have a copy here and I’m happy to produce it to your honour to have a look at if you’re honour is minded to,’’ Mr Svilans said.

Originally published as ‘No real winners’: Bruce Lehrmann loses again in $6 million judgment