Including Roberts-Smith’s own costs,the total costs of the litigation are estimated at more than $30 million.
Stokes had resisted an application by the Nine-owned newspapers for his private company,Australian Capital Equity (ACE),to pay the costs of the litigation but agreed to the orders after the Seven parties failed to meet a court-ordered deadline to produce a tranche of communications with Roberts-Smith’s lawyers by noon on Friday.
Nicholas Owens,SC,appearing for the newspapers,described the move as a “complete capitulation” by Stokes’ private company.
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Stokes bankrolled Roberts-Smith’s lawsuitvia a loan provided by ACE. Seven Network (Operations) Ltd had originally funded the former soldier’s case,but ACE took over Seven’s loan on June 24,2020,and Stokes’ company paid out his existing debt.
In a historic decision on June 1 this year,Federal Court Justice Anthony Besankodismissed the lawsuitand found the newspapers had proven to the civil standard – on the balance of probabilities – that Roberts-Smith was complicit in the murder of four unarmed prisoners in Afghanistan. He also found the news outlets had proven the former Special Air Service corporal had bullied a fellow soldier.
Besanko later ruled that Roberts-Smith was liable for the legal costs of the dispute on an indemnity basis,which allows the successful party to recover 90 to 95 per cent of their costs.