Dismissal of Ben Roberts-Smith case is a big win for Nine over Kerry Stokes-controlled Seven

Seven West Media boss Kerry Stokes is facing a potential legal bill of tens of millions of dollars in the wake of Ben Roberts-Smith’s failed defamation case.

Journalists Chris Masters (R) and Nick McKenzie (L) leave the Federal Court of Australia in Sydney on June 1, 2023. Ben Roberts-Smith lost a landmark defamation case.

Seven West Media boss Kerry Stokes is facing a potential legal bill of almost $40m in the wake of Ben Roberts-Smith’s failed defamation case.

Mr Stokes, who not only bankrolled Roberts-Smith’s legal action, but also employs him as general manager of the Seven Network in Queensland, said he was disappointed by the court findings.

“The judgment does not accord with the man I know,” he said in a statement on Thursday afternoon.

“I know this will be particularly hard for Ben, who has always maintained his innocence.”

While legal bills for Nine and Mr Stokes have been conservatively estimated at $12m-$15m apiece, The Australian understands the costs are much higher. If costs are awarded against Mr Stokes, it’s possible that he will face a total legal bill nudging $40m.

Kerry Stokes, top right, faces a potential legal bill of almost $40m after the failed defamation case of Ben Roberts Smith.

Media lawyer Justin Quill said the “real fight” – at least for the respective bottom lines for Nine and Mr Stokes – will occur in the wash-up of the judgment. “The costs will be mind-boggling,” he said.

Nine claimed it was a win for public interest journalism, and a vindication of the work of its star reporters Chris Masters and Nick McKenzie, whose investigation into Ben Roberts-Smith’s wartime conduct and alleged domestic violence began in 2018. “Justice,” McKenzie tweeted after the findings just after 2.15pm on Thursday.

Nine’s managing director of publishing James Chessell said: “It is a vindication for the many people in our newsrooms and our organisation who supported this important public interest journalism. Publishing a story of this magnitude is never easy, but high-quality investigative journalism is vital to a thriving democracy.”