The NSW Supreme Court has ruled in favour of Seven West Media that Amber Harrison, the former lover of CEO Tim Worner, had breached a settlement deed and ordered her to pay “hundreds of thousand of dollars” in costs.
Judge John Sackar ruled Harrison couldn't substantiate her claims, showed a “disregard for any adverse costs” and it was unlikely the media company would ever recoup its legal costs.
Importantly, Sackar ruled that Harrison had breached a confidentiality agreement with Seven in which the company had agreed to pay her about $427,000 for her silence over an affair with Worner that ended three years ago.
The court ordered Harrison to pay Seven West Media's legal fees, but it is widely believed the media company will not ask Harrison to cover costs, a move that would surely bankrupt the former EA.
Seven: 'Persistent and flagrant breaches'
In a statement, Seven West Media said: “The Court found that Ms Harrison engaged in numerous breaches of the settlement deed and her employment contract and these breaches were persistent and flagrant.
“It found that Seven had every entitlement to commence proceedings under the deed and conducted the proceedings in an entirely orthodox and proper fashion.
“The court also found that Ms Harrison was given every opportunity to desist from her breaches, consent to the orders earlier and settle with Seven West Media from 27 February 2017.”
Seven West Media expressed regret that other women were dragged into the affair by Harrison and had to take separate legal proceedings to protect their reputations.
“Ultimately, Ms Harrison put on no evidence in support of her claims, which the Court held was because no such evidence existed,” Seven West Media added.
On 7 July, Harrison revealed that she was walking away from the legal stoush with Seven West Media ahead of a three-day hearing in the Supreme Court.
Harrison: 'I'm a victim of corporate bullying'
Following the ruling yesterday, Harrison accused the media company of dragging her through a “legal nightmare” and engaging in a strategy to rack up “ridiculous legal bills” that would eventually bankrupt her.
“In the end it is regular people like you and I that end up being victims of brutal corporate bullying and lawfare,” she said in a statement posted on Twitter.
“I have heard from other people who have signed similar deeds with the company but have entered a legal nightmare after they signed those deeds.”
A polarising affair
The case has polarised public opinion with many criticising Seven West Media over the way Harrison alleges she was mistreated.
Harrison's challenge was being able to present evidence to substantiate any of her claims, particularly given that both parties had agreed to settle the dispute several years ago.
Factors against Harrison's case is that Worner has neither party has denied having the private affair and it would be incredibly difficult for Harrison, a former employee, to prove the company had mistreated her well before she signed a confidentiality agreement with the business.
Harrison made the private dispute public by widely distributing an explosive email to the press, including AdNews, in December. She continued to use social media to drip feed allegations that would breach the agreement and subsequent gagging orders.
Even if this naming and shaming strategy may have helped her win over the court of public opinion, it will have only weakend her position in a court of law.
It is true that she doesn't have the same legal resources at her disposal as Seven and any case that drags through the NSW Supreme Court was eventually going to take a financial and psychological toll.
Worner, for his part, was cleared of an internal investigation with a stern warning and has kept a low profile ever since the scandal broke. He has also relinquishing his duties as a director of the Sydney Swans.
Although Seven West Media has won the war, it remains to be seen whether Worner will be able to recover from some of the deep battle wounds that have tarnished his public image at the helm of Australia's largest TV network.
Irrespective of the NSW Supremen Court ruling, there are no real winners in this case.
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