0/5

Geoffrey Rush vs Daily Tele case returns to court

Barrister for Geoffrey Rush says newspaper is on a "fishing expedition" to defend articles that were defamatory.

The defamation case between actor Geoffrey Rush and the Daily Telegraph was back in the Federal Court today.

Rush is suing over articles published in November & December, surrounding a performance of King Lear at the Sydney Theatre Company.

The hearing held in Sydney is in relation to a subpoena by publisher Nationwide News Pty Ltd to the Sydney Theatre Company to obtain access to a file detailing the complaint.

Rush’s legal team argued earlier this month that publishing such details could further harm the actor’s reputation.

Richard McHugh SC, today called for parts of the Telegraph’s defence to be struck out, saying it lacked specificity and still didn’t detail what Rush’s alleged behaviour actually involved.

He told the court the defence was attempting to use “the machinery of the court to dredge up a defence” to its defamatory articles.

He objected to this on the grounds that it was a “fishing expedition”.

The STC has not disclosed details of the allegation, but did say an allegation had been made.

The court also heard journalists from the Telegraph sent an email to Rush’s agent to request comment at 5.06pm the night before the first story was published. Sources for the initial story included at least three confidential sources, as well as the Sydney Theatre Company’s executive director Patrick McIntyre, a woman based in the United States, and an anonymous email claiming to be from someone with knowledge of the production.

A second story referenced a social media post by actor Meyne Wyatt who was part of the production.

But the newspaper’s barrister Tom Blackburn, SC, said there was a “big difference” between the particulars detailed in the Telegraph’s defence and the evidence that would be called in support of them.

The hearing continues.

Source: Fairfax, ABC, Nine