unsurprising he has an animus towards the Seven Network, and this was manifest in his evidence and in his manner of giving it. His resentment was palpable upon viewing the wanton and vaguely disturbing destruction of what appeared to be a perfectly serviceable set of golf clubs. It is unnecessary to make factual findings in relation to many aspects of his evidence, but one would generally be cautious in making findings based upon incomplete evidence and resting solely upon the word of a man motivated by such rancour.
169 Secondly, and connected to my first point, the evidence of Mr Auerbach travelled beyond seeking to impeach the credit of Mr Lehrmann. He laid the allegations on thick against a variety of persons–somewhat like the paint in an early work of his namesake, Frank. One of these allegations was that he was instructed (apparently implicitly) by a solicitor, Mr Richard Keegan, to "delete any materials that could be damaging for Seven" (Auerbach 30 March 2024 (at [20])). I reject this assertion – it is unbelievable on its face. As to his allegations of improper conduct against his erstwhile work colleagues, they are irrelevant to the facts in issue, except in one limited respect.
Collateral Rewards
170 I can deal with Mr Auerbach's evidence of profligate behaviour very briefly. He gave evidence, consistent with contemporaneous documents and uncontradicted by any evidence in reply by Mr Lehrmann, that he became Mr Lehrmann's "babysitter" or "minder" as the Seven Network worked to secure an exclusive interview with Mr Lehrmann (T2776.15–20). At some stage, it appears Mr Auerbach was discomforted in being placed in this role (Ex R899), but he nonetheless performed it, sometimes, it appears, ardently. I assume that Mr Lehrmann thought any joint activities with Mr Auerbach would be kept private.
171 The specifics are unedifying, and it is unnecessary to make granular findings. In the end, it is fair to conclude that Mr Lehrmann was less than candid in his account of the extent of the benefits he received prior to, and exchange for, his bargain to participate in giving exclusive interviews to the Seven Network. It is fair to remark that the evidence reveals that some of the pre-compact inducements and consideration flowing in the direction of one contractual counterparty was of an unorthodox and undocumented kind. But given the other matters going to credit in this case, it is an inconsequential point.
Hearne v Street
172 The second point has more significance.
