Fairfax has been ordered to pay 15% of the treasurer’s legal fees as well as $200,000 in compensation after Hockey won a defamation case against it in June.
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As a result, the court yesterday ordered Fairfax pay no more than 15 per cent of Mr Hockey’s recoverable costs, a decision that could leave him with a legal bill worth several hundred thousand dollars.
Mr Hockey further claimed he should be awarded indemnity costs because his lawyers offered a “settlement” by way of a letter of complaint on the day the articles were published on May 5 past year.
Hockey said on Thursday that he had no regrets, despite having to pay the lion’s share of his costs.
“Someone has to stand up for what is right and I will do it. I will not be bullied by anyone”, Hockey said.
“They are clearly not “Independent”. Instead, the publisher will pay only 15 per cent of the treasurer’s costs. Rather than them footing any of the bill, he argued the treasurer should be forced to cover 60 per cent of the publisher’s legal costs.
Fairfax has said it had supported the costs judgement made on Wednesday afternoon in the Federal Court.
“I accept the respondents’ submissions that it would be manifestly unfair if, despite the failures of Mr Hockey, he was nevertheless entitled to his costs on an indemnity basis”.
When asked how much he would be out of pocket, Mr Hockey said: “We will wait and see”.
However, Justice White dismissed the balance of Mr Hockey’s case in relation to the articles promoted by the posters and tweets.
Mr Hockey had also sought a permanent injunction to restrain the Herald and The Age from republishing the imputations that were found to be conveyed by the poster and the tweets. “Always”.” The comments come after Fairfax’s barrister Sandy Dawson told the Federal Court earlier this month the case “was an unmitigated disaster for Mr Hockey and a costs order should reflect that”.
Hockey began proceedings in May 2014 following the publication of an article by the newspapers centring on his connection to his conservative Liberal Party’s fundraising group.
It is estimated Hockey and Fairfax each spent $1m fighting the case, meaning Fairfax is liable for at least $1.35m in costs and the payout.
“Mr Hockey had partial success evidenced by the monetary award to be made in his favour in each proceeding”. Hockey continued to be a member of parliament and the holder of an important office, and there was thus likely to be continuing public interest in his conduct in discharging his duties, he said.
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During the case a series of emails and text messages between SMH editor-in-chief Darren Goodsir and Age editor Andrew Holden showed Goodsir was mad with Hockey, after the Treasurer demanded an apology over a previous story.
