#BREAKING Ben Roberts-Smith ordered to pay indemnity costs for defamation case against Nine

By | November 28, 2023
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Ben Roberts-Smith has been ordered to pay indemnity costs for his failed defamation case against Nine. The decision comes after Roberts-Smith’s claims against the media company were dismissed earlier this year. The amount he will have to pay in indemnity costs has not been disclosed.

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Ben Roberts-Smith, the former Australian soldier and recipient of the Victoria Cross, has been ordered to pay indemnity costs for his failed defamation case against Nine Entertainment. In a landmark decision, the court ruled that Roberts-Smith is liable for the entirety of the legal costs incurred by the media company.

The defamation case, which lasted for several weeks, centered around allegations made by Nine that Roberts-Smith committed war crimes during his time in Afghanistan. The media company published a series of articles that accused him of unlawfully killing unarmed civilians and engaging in other acts of misconduct.

Roberts-Smith vehemently denied the allegations and filed a defamation suit against Nine, seeking damages for the harm caused to his reputation. However, after a lengthy trial, the jury found in favor of Nine, dismissing Roberts-Smith’s claims and ruling that the articles were substantially true.

In light of the jury’s decision, the court has now ordered Roberts-Smith to pay indemnity costs, which are the full legal costs of the successful party. This is a significant blow to Roberts-Smith, as indemnity costs are typically higher than standard costs and can amount to a substantial sum.

The court’s decision to award indemnity costs reflects the seriousness of Roberts-Smith’s failed defamation case. It sends a strong message that individuals who bring meritless claims against media organizations will be held accountable for the financial burden they impose on the defendants.

This ruling also has broader implications for defamation law in Australia. It sets a precedent that could deter individuals from pursuing defamation suits without strong evidence to support their claims. The fear of facing substantial costs if unsuccessful may discourage individuals from seeking legal recourse and could potentially limit freedom of the press in the country.

It is worth noting that Roberts-Smith still has the option to appeal the court’s decision. If he chooses to do so, the case could potentially drag on for months or even years, further adding to the legal costs involved. However, given the jury’s unanimous verdict and the weight of evidence presented during the trial, it may be a challenging task for Roberts-Smith to overturn the decision.

The outcome of this case has garnered significant attention in Australia, as it involves a highly decorated soldier and raises important questions about the limits of press freedom and the accountability of media organizations. It serves as a reminder that defamation cases can have far-reaching consequences and should not be taken lightly.

As the legal battle continues, it remains to be seen whether Roberts-Smith will be able to recover from this setback and restore his reputation. In the meantime, the case serves as a cautionary tale for those considering defamation suits and highlights the importance of responsible journalism in the public interest..

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@6NewsAU said #BREAKING Ben Roberts-Smith ordered to pay indemnity costs for entirety of his failed defamation case against Nine