Lehrmann v Network Ten Pty Limited (Costs)

FEDERAL COURT OF AUSTRALIA

Lehrmann v Network Ten Pty Limited (Costs) (No 2) [2024] FCA 706

File number:

NSD 103 of 2023

Judgment of:

LEE J

Date of judgment:

27 June 2024

Catchwords:

COSTS – where applicant previously ordered to pay costs on an ordinary and indemnity basis – where quantification of costs to be referred to a referee for inquiry and report – facilitation of the overarching purpose – where calculation of lump sum costs appropriate – quantification of lump sum costs – broadbrush approach – costs order in the amount of $2 million made in favour of the first respondent against the applicant – orders made

Legislation:

Federal Court of Australia Act 1976 (Cth) Pt VB

Cases cited:

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

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369

Division:

General Division

Registry:

New South Wales

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

19

Date of hearing:

27 June 2024

Counsel for the applicant:

Mr P Svilans (solicitor advocate)

Solicitor for the applicant:

Mark O’Brien Legal

Counsel for the first respondent:

Ms Z Graus

Solicitor for the first respondent:

Thomson Geer Lawyers

Counsel for the second respondent:

Mr M Elliott SC

Solicitor for the second respondent:

Gillis Delaney Lawyers

ORDERS

NSD 103 of 2023

BETWEEN:

BRUCE LEHRMANN

Applicant

AND:

NETWORK TEN PTY LIMITED

First Respondent

LISA WILKINSON

Second Respondent

ORDER MADE BY:	LEE J
DATE OF ORDER:	27 JUNE 2024

THE COURT ORDERS THAT:

1.Pursuant to ss 23, 37P(2) and 43 of the Federal Court of Australia Act 1976 (Cth), the orders made on 10 May 2024 be varied such that the costs payable by the applicant in favour of the respondents be quantified in a fixed sum and Order 3 made on 10 May 2024 be vacated.

2.Judgment be entered in favour of the first respondent in the amount of $2,000,000 representing its costs of the proceedings.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Delivered ex tempore, revised from the transcript)

LEE J:

1. For the reasons set out in Lehrmann v Network Ten Pty Limited (Costs) [2024] FCA 486 (costs judgment), I made a number of orders as to costs in relation to these proceedings, including Order 1 made 10 May 2024, which was in the following terms:

   1.        The applicant pay the respondents’ costs of the proceeding on:

   (a)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) (Defamation Act); and

   (b)the indemnity basis for any other costs of or incidental to the proceeding (including the costs referred to in Order 2 made on 23 November 2023).

2. In Order 3, I indicated the quantification of costs payable pursuant to Order 1 be referred to a referee for inquiry and report, with the terms of the reference to be settled by…