Fed-up Hawkesby judge lashes out

By LOUISA CLEAVE television editor

Television New Zealand and John Hawkesby came under fire yesterday from an exasperated High Court judge demanding why they had suddenly swapped positions on having details of their dispute made public.

Justice Robertson had harsh words for both sides' lawyers on the first day of an appeal by TVNZ against an arbitrator's multimillion-dollar compensation award to Hawkesby.

TVNZ wants confidentiality lifted and has asked the judge to set aside the award, thought to be as high as $5.8 million.

Hawkesby's lawyers want the judge to enforce the amount awarded by retired High Court judge Sir David Tompkins and keep details of the agreement confidential.

But Justice Robertson said Hawkesby had testified in a sworn affidavit in September that he wanted his day in court so he could "salvage my reputation in a public forum."

"What has changed for your client that his overwhelming need to have a public airing is now to be seen to be opposite?" Justice Robertson asked Hawkesby's lawyer Anthony Drake.

When Mr Drake replied that Hawkesby was bound by the arbitration process, which is by nature confidential, he was shot down by Justice Robertson who retorted: "That's a weasel argument if I ever heard it, Mr Drake."

TVNZ also came in for its share of scorn from the judge over its change of heart.

"Last time the world was going to shudder to an end if anybody found out what was in this contract or what had gone on. What has changed?" Justice Robertson asked TVNZ's lawyer Alan Galbraith, QC.

The judge added later: "I was told there would be riots in the corridors if people found out what this man [Hawkesby] was paid."

Mr Galbraith said confidentiality had gone "out the door" now information about Hawkesby's contract and award had been made public.

"Some of the information is reasonably accurate, some of it is not accurate," he said. "You can't keep something confidential that has already been out there."

Mr Galbraith said that as the case had now come to the High Court - and was therefore subject to open court hearings - the confidentiality should be lifted.

Mr Drake said the arbitrator's decision had "indefinite" confidentiality.

"The arbitral proceedings have not been completed. At this appeal it's a further step," he said.

The hearing turned into a media circus with lawyers representing TV3 and a Sunday paper asking Justice Robertson to permit filming of the full appeal hearing and to open the Hawkesby file to public scrutiny.

However, their arguments had only a brief airing in the morning and the court was adjourned until the afternoon for lawyers to discuss their positions on the applications.

When the court resumed in the afternoon, Justice Robertson focused on the confidentiality issue. He will make his ruling on Monday.