Linda Reynolds and Brittany Higgins’ fiancée David Sharaz have been given stark warning by judge over defamation lawsuit: ‘The human price is great’
Liberal Senator Linda Reynolds will not have to spend hundreds of thousands of dollars as security for potential legal fees for Brittany Higgins’ fiancée, David Sharaz, in her libel lawsuit against him.
WA Supreme Court Judge Marcus Solomon ruled on Friday against a warrant ordering a plaintiff by the court to post cash or collateral to show that a defendant’s legal costs can be covered in the suit. case the libel suit fails.
Senator Reynolds, who is from Western Australia, is suing former Canberra journalist and media consultant Sharaz over a series of five social media posts that the senator says defame her character.
Senator Reynolds, who is from Western Australia, is suing former Canberra journalist and media consultant David Sharaz (pictured with fiancé Brittany Higgins) over a series of five social media posts that the senator says defame her character.
She has also taken similar legal action against Ms Higgins, Mr Sharaz’s fiancée, and Ms Reynolds’ former associate.
At a hearing for the warrant of costs, held in the same court on Thursday, Mr Sharaz’s lawyer Jason MacLaurin argued that Senator Reynolds could be made “financially uncomfortable” by her other libel suit, and possible future lawsuits that could be brought against the federal minister. Tanya Plibersek and fringe political commentator Shane Dowling.
Mr. MacLaurin argued that the cost of multiple legal battles, compounded by potential court losses, would make it difficult for Senator Reynolds to cover his client’s costs.
He told the court that the case would “end in tears financially” for all parties.
In Friday’s ruling, Judge Solomon noted that while Senator Reynolds is financially comfortable, the cost of the trial would be “very substantial, perhaps crippling,” but that “is hardly a unique feature of this proceeding.”
“On the contrary,” he writes, “it is an unfortunate but common feature of contemporary court cases.”
He ruled that this provides no basis for securing charges — and Senator Reynolds already had reason to take seriously the possibility that he could be held liable for an eye-watering bill at the end of the proceedings.
Liberal Senator Linda Reynolds will not have to spend hundreds of thousands of dollars as security for potential legal fees for Brittany Higgins’ fiancée, David Sharaz, in her libel lawsuit against him
Judge Solomon noted that Section 44(iii) of the Constitution was a “strong impediment” to the senator’s failure to pay Mr Sharaz’s costs should she ultimately be found unsuccessful in the case.
The Constitution section declares that anyone who is “undischarged bankrupt or insolvent” is ineligible for membership in the federal parliament.
Section 44 wreaked havoc among federal lawmakers in 2017 when it was revealed that anyone with dual citizenship was also ineligible to serve, taking the jobs of nine senators and MPs by the end of that year.
At a hearing on Thursday, Judge Solomon urged both sides to resolve the issue through mediation, which he will tentatively set to take place in December or January, pending the parties’ availability.
In a postscript accompanying his decision, Judge Solomon echoed these sentiments, writing: “Money is not the only, and probably not the greatest, expense.
“The human costs of litigation are high.
“As in all cases, the court urges the parties to explore ways to resolve the dispute without the need for a trial.”