Never-ending story': Tribunal's move in Mark Latham's fight against homosexual vilification case
A homophobic post and further comments made by Mr Latham on X and in media interviews are at the centre of a vilification and sexual harassment case launched by openly gay independent MP Alex Greenwich against Mr Latham in the NSW Civil and Administrative Tribunal.
Mr Latham was previously ordered to pay Mr Greenwich $140,000 after the Federal Court ruled that the primary post could convey the meaning that Mr Greenwich 'engages in disgusting sexual activities'.
Mark Latham's lawyer Zali Burrows on Wednesday warned a push to enable Mr Greenwich to file further evidence of alleged harm by her client would risk the case turning into a 'never-ending story'.
Mr Greenwich's lawyer, Prue Bindon, had sought permission for her client to continue filing affidavits detailing alleged ongoing harm by Mr Latham as the case begins to draw to a close.
'Regrettably it seems that the harm continues with each day of hearing, and if there is further harm created by messages posted on X or other forums referencing or producing comments from the public referencing the primary tweet, we do say exacerbates the harm experienced by Mr Greenwich and it is relevant for the tribunal to consider,' Ms Bindon said.
'Endless affidavits, this is becoming a never-ending story,' Mr Latham's lawyer, Zali Burrows, replied.
'If Mr Greenwich keeps filing further affidavits we'll be seeking to file something in reply … as I said, this is going to become never-ending.'
Ms Bindon accepted there had to be an 'end point', but firmly maintained evidence of further harm was crucial for the tribunal to consider.
Ms Bindon at one stage said Mr Latham was able to reply if he wished, prompting him to raise his hand and tell the tribunal 'Yeah I'll say something to you about it' from the gallery.
Senior member Mandy Tibbey decided the matter needed be brought to a close for the sake of both parties, rejecting Ms Bindon's application.
'It's desirable for the hostility of the parties to come to an end … but in terms of bringing this matter to a conclusion as both parties seem to want, the next step is to have written submissions,' Ms Tibbey said.
However portions of one final affidavit were allowed to be tendered, detailing a post to X Mr Latham made during the NCAT proceedings on Tuesday.
Mr Latham in reply claimed Mr Greenwich thought 'anyone disagreeing with him is hurtful'.
'(Mr Greenwich) has a very unusual understanding of democracy, he thinks that anyone disagreeing with him is hurtful,' Mr Latham fired from the witness box.
He claimed he'd been subjected to 'misrepresentations' and 'wilful, malicious lies' about him for two and a half years, arguing there came a point when MPs were entitled to respond.
A tense exchange erupted between the parties over whether the cost of obtaining a transcript should be split, with Mr Latham instructing Ms Burrows that Mr Greenwich's team should foot the cost.
'If he chooses not to buy one for himself that's his issue … we won't be sharing,' Ms Bindon replied, which Ms Burrows branded a 'mean-spirited' move.
The hearing came to a close shortly after, with the parties due to put forth written submissions in October.
Mr Latham's evidence comes just a day after Mr Greenwich claimed the former NSW One Nation leader had an 'abusive obsession' with him.
Ms Bindon earlier argued Mr Latham's comments had incited hatred, contempt or severe ridicule, and that sexual harassment allegations related to unwelcome conduct of a sexual nature where a reasonable person would have anticipated it to cause humiliation or intimidation. It was not to do with unwanted sexual advances.
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