Former NSW One Nation leader Mark Latham has been ordered to pay an estimated half a million dollars in legal costs over a defamatory tweet he posted about Sydney MP Alex Greenwich. The tweet, posted in March 2023, contained highly graphic and offensive content directed at Greenwich, who is openly gay. In a decision last year, the Federal Court awarded Greenwich $140,000 in damages for the tweet, which Latham has since removed.
Federal Court Justice David O’Callaghan ordered Latham to pay Greenwich’s legal costs on the ordinary basis, allowing Greenwich to recoup about 70% of his legal bills. The estimated cost of Greenwich’s legal fees exceeds $600,000, resulting in a significant financial burden for Latham. The parties engaged in a prolonged legal battle over costs following the judgment, with Latham resisting paying the majority of Greenwich’s expenses.
Latham’s legal team had argued that he should only be required to pay a quarter of Greenwich’s costs on a party-party basis, citing Greenwich’s lack of success in certain aspects of the case. However, O’Callaghan found that Latham’s subsequent comments to The Daily Telegraph, also part of the lawsuit, did not convey the defamatory meanings alleged by Greenwich. Despite this, Collins, Greenwich’s barrister, argued that Latham had overwhelmingly failed in the case, and he should not be considered the three-quarters winner.
Collins’ submissions were ultimately accepted by O’Callaghan, who acknowledged that Latham had not succeeded in every part of the case. The judge’s ruling to order Latham to pay the majority of Greenwich’s legal costs reinforces the consequences of defamation cases and the financial impact on those found to have made defamatory statements. Latham’s defamatory tweet and subsequent comments have not only resulted in significant damages but also a substantial financial obligation to cover Greenwich’s legal expenses.
The ongoing legal battle between Latham and Greenwich highlights the complexities and costs associated with defamation cases in Australia. Defamatory statements made on social media platforms can have far-reaching consequences, with legal proceedings and financial repercussions impacting all parties involved. The Federal Court’s decision to award damages and require Latham to pay Greenwich’s legal costs serves as a reminder of the legal consequences of making defamatory statements.
The fallout from Latham’s defamatory tweet serves as a cautionary tale for individuals and public figures who engage in online communication without considering the potential legal implications. The significant financial burden resulting from the defamation case underscores the importance of responsible communication and the potential consequences of posting offensive or defamatory content online. The case serves as a warning to those who may engage in harmful or defamatory behavior online, highlighting the legal and financial risks associated with such actions.
