Whose Justice? Litigation Bond Application Denied, $2 Million Litigation Costs Enforcement Stayed – Update on Lehrman’s Rape and Defamation Case

Security for Costs Application

The respondents initially sought $200,000 in security, later reduced to $170,000-$180,000. They argued Lehrmann was impecunious and the appeal had limited public interest. Lehrmann contended an order for security would stifle his appeal. The court found there were arguable grounds of appeal and a public interest in allowing Lehrmann to challenge the serious finding against him. The judge refused to order security for costs, noting the broad discretion and that the interests of justice did not favour making the order in this case.

Stay of Costs Order Application

The respondents accepted there were arguable grounds of appeal. Lehrmann argued he could not afford the $2 million costs order and enforcement proceedings could lead to bankruptcy, impacting his ability to appeal. The court found the balance of convenience favoured granting a stay, as the respondents faced little prejudice from a delay while Lehrmann risked significant consequences if bankruptcy proceedings continued.

Outcome

The security for costs application was dismissed. The stay on the $2 million costs order was granted pending the outcome of the appeal. The judge emphasised the seriousness of the finding against Lehrmann and the importance of allowing the appellate process as a fundamental aspect of the administration of justice, given the arguable grounds of appeal.