Kerry Stokes yet to declare if he will cover Ben Roberts-Smith’s legal costs for potential appeal

The Seven West chair remains tight-lipped on continuing to financially support Ben Roberts-Smith should the former SAS soldier opt to appeal his failed defamation case against Nine.

Ben Roberts-Smith has until July 12 to file an appeal. Picture: NCA NewsWire / Jeremy Piper

Seven West chairman Kerry Stokes is remaining tight-lipped about whether he will continue to financially support Ben Roberts-Smith should the former SAS soldier opt to appeal the outcome of his failed defamation case against Nine.

On Thursday, the Federal Court heard Mr Roberts-Smith accepted he should cover the legal expenses of Nine news­papers dating back to March 17, 2020, when he knocked back an offer to settle with the media group.

But the court also heard both Seven and Mr Stokes’ private company, Australian Capital Equity, dispute any liability for Nine’s legal costs, on the grounds they weren’t actual parties to the proceedings.

Seven West chairman Kerry Stokes. Picture: NCA NewsWire / Martin Ollman

Mr Stokes’ spokesman declined to comment when asked if the media mogul would financially back Mr Roberts-Smith if he decided to appeal last month’s ruling in the Federal Court, which went in Nine’s favour.

Mr Roberts-Smith has until July 12 to file an appeal.

Sources close to the Nine camp say they have paid a total of between $12-$13m in legal costs for the defamation trial, on top of the estimated $15m or so already forked out by the Roberts-Smith camp.

The costs hearing set down for September will be before Judge Anthony Besanko, who presided over the defamation trial.

Nine insiders say that when the costs hearing commences, they will argue that if Mr Roberts-Smith is unable to pay their full costs, it is Seven West Media chair Kerry Stokes and his associated companies who should take up the slack.

“We would be seeking $12-13m from Kerry Stokes and his related companies, which includes the solicitors’ costs, barristers’ costs, witness costs and other incidentals,” one source close to Nine has told The Australian.

It is understood Nine’s argument at the costs hearing is set to be that the case wouldn’t have taken 110 days without Mr Stokes helping to finance Mr Roberts-Smith’s legal costs.