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:
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).
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…
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- Case
- [2024] FCA 706
- Decision Date
CaseChat Overview and Summary
The court deliberated on whether to adhere to the previous order for a detailed quantification of costs by a referee or to adopt a lump sum approach to avoid further expense and delay. Ultimately, the court found the latter approach more appropriate, given the financial constraints of the applicant. The affidavit of Ms Marlia Ruth Saunders, a partner at Thomson Geer, provided evidence supporting the fixed sum of $2 million for the costs payable by Mr. Lehrmann to Network Ten. This sum was arrived at after excluding certain costs such as pre-litigation correspondence and disallowed affidavits from the total invoiced amount of $3,668,420.83.
In light of the arguments and evidence presented, the court varied the previous orders to quantify the costs payable by Mr. Lehrmann in a fixed sum of $2 million in favour of the first respondent, Network Ten. This decision was aimed at facilitating the overarching purpose of the court, ensuring a just and efficient resolution of the matter. The court vacated the previous order for a referee's inquiry and entered a judgment in favour of Network Ten for the specified amount.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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