Ben Roberts-Smith has argued his case should be retried because there was a “miscarriage of justice” caused by the alleged “misconduct” of Nick McKenzie, the Nine journalist whom Roberts-Smith unsuccessfully sued for defamation.
In an interlocutory application, published by the federal court in Sydney on Monday, Roberts-Smith claimed that McKenzie “engaged in wilful misconduct in the proceedings by improperly and unlawfully obtaining and retaining information concerning [Roberts-Smith’s] legal strategy concerning the trial that was confidential and privileged”.
