Lehrmann v Network Ten Pty Limited (Costs) [2024] FCA 486

Lehrmann v Network Ten Pty Limited (Costs) [2024] FCA 486

Although Network Ten's conduct in publishing the programme was far from reasonable and its statutory qualified privilege case was weak, the issues raised by that defence were not sufficiently severable from other issues, including aggravated damages, to deprive Network Ten of those costs entirely. However, costs associated with specified affidavits were wasted and should not be recoverable. Mr Lehrmann conducted the proceeding on a knowingly false premise concerning what occurred in Parliament House and persisted in a primary case denying any sexual activity; that serious breach of his obligations under Pt VB of the Federal Court of Australia Act 1976 (Cth), together with the unreasonable...

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Defamation Proceeding Costs Determination / Costs Judgment After Dismissal of the Applicant's Defamation Claim Following Trial Judgment
Outcome
The applicant was ordered to pay the respondents' costs, mostly on an indemnity basis, with statutory qualified privilege costs on the ordinary basis and specified affidavit costs excluded; quantification was referred to a referee.
Legal Topics
['substantial Truth Defence' 'statutory Qualified Privilege' 'indemnity Costs' 'ordinary Costs' 'calderbank Offer' 'overarching Purpose' 'settlement Conduct' 'costs Indemnity Between Respondents' 'reference to Referee for Quantification of Costs']
['defamation' 'civil Procedure' 'costs'] ['substantial Truth Defence' 'statutory Qualified Privilege' 'indemnity Costs' 'ordinary Costs' 'calderbank Offer' 'overarching Purpose' 'settlement Conduct' 'costs Indemnity Between Respondents' 'reference to Referee for Quantification of Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceeding Costs Determination / Costs Judgment After Dismissal of the Applicant's Defamation Claim Following Trial Judgment

Legal Issues

  1. 1 ['Whether Network Ten should obtain a costs order and, if so, on what basis.' 'Whether Ms Wilkinson should obtain a costs order and, if so, on what basis.' "Whether the respondents' unsuccessful statutory qualified privilege defence justified depriving them of costs for that issue or limiting costs to the ordinary basis." "Whether Mr Lehrmann's conduct in commencing and maintaining the proceeding on a false premise justified indemnity costs." "Whether rejection of the respondents' 31 August 2023 Calderbank offer was unreasonable." 'What orders should be made to resolve the costs position as between the respondents and to quantify costs.']

Ratio Decidendi

Although Network Ten's conduct in publishing the programme was far from reasonable and its statutory qualified privilege case was weak, the issues raised by that defence were not sufficiently severable from other issues, including aggravated damages, to deprive Network Ten of those costs entirely. However, costs associated with specified affidavits were wasted and should not be recoverable. Mr Lehrmann conducted the proceeding on a knowingly false premise concerning what occurred in Parliament House and persisted in a primary case denying any sexual activity; that serious breach of his obligations under Pt VB of the Federal Court of Australia Act 1976 (Cth), together with the unreasonable...

Court Disposition

The applicant was ordered to pay the respondents' costs, mostly on an indemnity basis, with statutory qualified privilege costs on the ordinary basis and specified affidavit costs excluded; quantification was referred to a referee.

Orders

  • ["The applicant pay the respondents' costs of the proceeding on the ordinary basis for the costs incurred in relation to the defence of statutory qualified privilege pursuant to s 30 of the Defamation Act 2005 (NSW), and on the indemnity basis for any other costs of or incidental to the proceeding, including the...