Seven Network and Kerry Stokes' private firm have been ordered to hand over documents sought by three media organisations looking to hit them with additional costs of Ben Roberts-Smith's defamation defeat.
Justice Anthony Besanko ordered Seven and Australian Capital Equity hand over invoices that show the involvement of their lawyers in the hotly contested litigation with a 110-day hearing ending last year.
Seven and ACE unsuccessfully argued the documents merely revealed how often the lawyers sat in on the hearings and would not show that the firms had any control or management of how the war veteran ran the lawsuits.
The two Stokes-backed firms financially supported the Victoria Cross-recipient through the litigation via loan agreements.
After their defamation win in the Federal Court last month, Nine-owned publishers The Age and The Sydney Morning Herald plus The Canberra Times are seeking their legal costs which are estimated to be over $25 million in total for all parties.
Mr Roberts-Smith has already agreed to cover the legal bills as well as paying additional indemnity costs after March 17, 2020 when the three media companies made an offer to resolve the proceedings.
He is resisting calls that he pay indemnity costs before that date, however.
The bid against Seven and ACE is also for indemnity costs, which are orders typically granted in lawsuits that are frivolous, hopeless or doomed to fail.
Justice Besanko dismissed Mr Roberts-Smith's lawsuits finding reports he engaged in war crimes while deployed in Afghanistan, including his involvement in the unlawful murder of four unarmed prisoners, were substantially true.
Mr Roberts-Smith has until July 12 to file an appeal.
In November 2020, a report into alleged war crimes by special forces in Afghanistan was released finding credible evidence 39 civilians and prisoners were unlawfully killed by Australian troops while two others were subject to cruelty from 2007 to 2013.
Two years later, more than 40 alleged offences were under investigation.
Mr Roberts-Smith has not been charged and maintains his innocence.
