Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/52

messages passing between Ms Higgins and Mr Peter FitzSimons (Ms Wilkinson's husband), which were not adduced into evidence (FitzSimons Messages).

177 As to (a), although the file names for the versions of the Dillaway Messages from the eBrief and those produced by Mr Auerbach match and bear the same date (Ex R892; R889; and R890), and Mr Auerbach says he located them in his iCloud storage, there is no independent proof as to them being provided electronically by Mr Lehrmann to Mr Auerbach during their joint golfing trip to Tasmania as he alleges. As to (b), although the MC does contain some material sourced from materials subject to the Hearne v Street obligation, it was a document prepared by counsel and the evidence is somewhat opaque as to how it came to be in the hands of the Seven Network. Although it is fair to remark the evidence tends to support the contentions as to misuse made by Network Ten, and it is also true Mr Lehrmann elected not to lead evidence to refute Mr Auerbach's evidence despite having the opportunity to do so, I do not consider it necessary to reach any conclusion as to the Dillaway Messages or the MC, given the state of satisfaction I have reached as to the matter to which I will now turn.

178 It is sufficient for present purposes to find:

(1) photographs of a computer screen displaying the FitzSimons Messages were taken, being the photographs annexed to Auerbach 30 March 2024 (Relevant Photographs);

(2) the Relevant Photographs also show that on the computer screen, tabs were open which record web pages which are not inconsistent with the computer being one operated by Mr Lehrmann (one of the tabs is for "Current students" and another is for the "University of N …": Mr Lehrmann has deposed that, in 2023, he was a law student (Lehrmann (at [38]));

(3) the Relevant Photographs were taken at a house on Barker St, Randwick on Saturday, 4 March 2023;

(4) the Randwick house was then being licensed by the Seven Network for Mr Lehrmann;

(5) at 8:13am on Monday, 6 March 2023, there is a text message between Mr Jackson and Mr Auerbach by which Mr Jackson informs Mr Auerbach he has "mail" being that "Mark went to Bruce's on Saturday" (and forwarding a screenshot of an exchange of messages between Mr Jackson and Mr Mark Llewellyn, the Executive Producer of the Spotlight programme, who had, it appears, been at the Royal Randwick that

---