Jim Grenon must pay costs over 'wholly unsuccessful' TVNZ defamation case

Billionaire Jim Grenon has been ordered to pay costs "jointly and severally" to TVNZ after he was revealed as the backer of a defamation case against the broadcaster on behalf of Julian Batchelor.

Batchelor, the organiser of a "stop co-governance" roadshow, attempted to sue TVNZ and researcher Sanjana Hattotuwa for defamation over an August 2023 news item on the 1News 6pm bulletin and its website. He sought damages and an apology to be aired.

The article quoted Hattotuwa describing Batchelor's rhetoric as "dangerous speech" that "incites hate, and it instigates harm offline", and calling it "racist rhetoric".

The claim was dismissed in March, and it emerged during the hearing that Grenon, the largest shareholder of media company NZME - the publisher of the NZ Herald newspaper and website - had been funding Batchelor's legal costs.

Judge Clark found the District Court did have jurisdiction to order costs against a non-party such as Grenon, and that Grenon's involvement went well beyond that of a passive donor.

"Mr Grenon may not have been a party in name, but it is clear from the evidence his shadow loomed large over the proceedings," Judge Clark said.

Batchelor and Grenon's evidence about the case had repeatedly contradicted each other, the judge said.

He found it was "highly unlikely" Grenon had not been involved in the decision to keep his backing secret.

“I find the deliberate non-disclosure supports the conclusion that the conduct amounted to an abuse of process,” the judge said.

The defendants had sought indemnity costs, with TVNZ's lawyer Davey Salmon KC arguing Batchelor's conduct was the "worst he has ever seen in a civil proceeding".

Judge Clark said the threshold for indemnity costs had not been met, awarding increased costs instead at 50% above standard scale.

Under the ruling, Batchelor and Grenon must pay Hattotuwa $107,137 and TVNZ $125,818.65, plus further costs relating to a later round of submissions.

TVNZ said "the quantum of costs awarded is a matter for the court".

"However, we reiterate our position on the determination itself: this was an unequivocal result in TVNZ’s favour, and we are pleased with the outcome."

NZME and Grenon have been contacted for comment.