Network Ten and Lisa Wilkinson offered to settle with Bruce Lehrmann in August last year. He rejected it within two hours.
Already a subscriber?Bruce Lehrmann should be forced to cover millions of dollars in legal fees for Network Ten and Lisa Wilkinson because he lost, and because he rejected an offer to drop his defamation case and walk away in August last year, Ten has argued.in a Parliament House office, lost his high-profile case against Ten and Wilkinson last week.
On August 31 last year, Ten and Wilkinson made a “walk away” offer to Mr Lehrmann and his lawyers. They asked that the case be dismissed without any admission of liability, and that each side cover their own costs. He had 14 days to consider it.Ten has argued that by that date in August, Mr Lehrmann had 21 affidavits, outlines of evidence and expert reports. “It must have been apparent to Mr Lehrmann, as at the date of the offer, that the chickens were coming home to roost,” Ten wrote.
Ten – and Wilkinson’s own lawyers – are using this rejection to justify arguing for what is known as “indemnity” costs. An indemnity order is granted in exceptional circumstances and allows the successful parties to claim between 80 and 90 per cent of legal costs.Ten’s contract with Wilkinson includes the costs of “properly defending” an action. A referee would find out whether Wilkinson’s own defence “incurred costs in an unnecessarily duplicative or wasteful manner”.
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