Ben Roberts-Smith demands defamation retrial citing alleged recording of Nine investigative journalist

Federal court hears Nick McKenzie allegedly told a witness that Roberts-Smith's ex-wife and her friend were actively briefing us on his legal strategy'

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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".