Kerry Stokes, Bruce McWilliam, Seven emails ‘personally embarrassing’
Emails sent by senior executives close to billionaire businessman Kerry Stokes about their ties to disgraced former soldier Ben Roberts-Smith would be “personally embarrassing” if released, the Federal Court says.
Federal Court judge Nye Perram will allow Mr Roberts-Smith, Mr Stokes and his long-time lawyer, Seven commercial director Bruce McWilliam, to appeal against a decision that would have forced them to hand over a trove of documents, including emails, to rival media group Nine Entertainment.
At the heart of the dispute is whether it was Seven – and Mr Stokes – actually managing and overseeing Mr Roberts-Smith’s defamation action against Nine for reports in The Sydney Morning Herald and The Age which accused him of being a war criminal because of his conduct in Afghanistan.
Kerry Stokes and Ben Roberts-Smith.
Mr Stokes and Seven, where Mr Roberts-Smith was a senior figure, bankrolled the legal action against Nine through a loan. Mr Roberts-Smith was unsuccessful in his defamation action. The Federal Court found allegations against him were substantially true. He denied the allegations, and is appealing.
Nine, the publisher of The Australian Financial Review, wants to recoup the hefty expenses of the lawsuit, which was in court for 110 days, involved 41 witnesses, and could top $25 million in costs. Mr McWilliam, Seven, Mr Stokes and his private vehicle, ACE, oppose the release of the documents.
A court has heard ACE stood to claim 15 per cent of any damages Mr Roberts-Smith received if he had been successful in his lawsuit.
The court previously heard the trove of messages included more than 8600 emails exchanged between Mr McWilliam and Mr Roberts-Smith’s lawyers during the case. Nicholas Owens, SC, the barrister
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