Mark Latham has been warned that no further delays will be granted after he failed to show up in court for a harassment and vilification case against him.
Independent Sydney MP Alex Greenwich launched proceedings against Mr Latham in the NSW Civil and Administrative Tribunal over allegations of homosexual vilification and sexual harassment.
The case centres on a homophobic tweet made by Mr Latham and further comments he made on Twitter (now known as X) and in radio and newspaper interviews.
The NCAT proceedings come after Mr Latham was ordered by the Federal Court to pay Mr Greenwich $140,000 over the tweet and further defamatory comments.
Justice David O’Callaghan ruled that the primary tweet could convey the meaning that Mr Greenwich “engages in disgusting sexual activities”.
Mr Latham’s defence of honest opinion and common law qualified privilege was dismissed.
Mr Greenwich was expected to give evidence in the NCAT hearing on Monday; however, Mr Latham’s lawyer Zali Burrows successfully pushed for an adjournment after she argued it was important for Mr Latham – who was unable to attend – to be there for the key witness’s evidence.
“(It’s) important Mr Latham is here in this tribunal,” Ms Burrows said.
“Mr Latham wants to be here.”
Mr Greenwich’s barrister Prue Bindon said her client had been “ready to give evidence several times” but ultimately did not oppose the adjournment, noting it was important the hearing be dealt with in a timely manner.
Senior legal member Mandy Tibbey ruled it was appropriate to grant the adjournment given Mr Greenwich was a key witness.
“Given that the respondent is a party and this is the evidence of the other main witness, we determine that it is appropriate to agree to an adjournment,” Ms Tibbey said.
However Ms Tibbey said she would not agree to any further delays, telling the court that Mr Latham had access to material for “some time” now and he therefore should be able to instruct Ms Burrows.
“As long as the applicant (Mr Greenwich) is here we will be proceeding,” Ms Tibbey said.
Mr Greenwich is set to give evidence on Tuesday, with Mr Latham expected to attend.
Ms Bindon earlier claimed that Mr Latham’s comments had incited hatred, contempt or severe ridicule during her opening submissions.
She said the sexual harassment allegations were in relation to unwelcome conduct of a sexual nature in circumstances where a reasonable person would’ve anticipated it to cause humiliation or intimidation and was not to do with unwanted sexual advances.
Ms Bindon also anticipated the defence would claim Mr Greenwich’s reputation was to some extent not damaged.
