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Judge rejects cross-claim bid in Geoffrey Rush defamation suit

Judge says no to Daily Tele bid that would have seen the Syd. Theatre Co. become another defendant in defamation suit.

A judge has rejected a bid by the Daily Telegraph that would have seen the Sydney Theatre Company become another defendant in the defamation case involving Geoffrey Rush.

The Telegraph sought to bring a cross-claim against the theatre company which Rush’s lawyers described as a fishing expedition and delaying tactics.

Today Justice Michael Wigney rejected the application, saying the cross-claim was “very weak and tenuous”, and the idea of suing a source was unusual.

“It would not be unfair to say, in all the circumstances, that while Nationwide News and Mr Moran were quick to publish, they have been slow to defend,” Mr Wigney said.

“Moreover, there are reasonable grounds to suspect that the real reason for Nationwide and Mr Moran’s zealous, if not desperate, pursuit of the amendments is to justify a further subpoena to the STC in the hope that documents produced … might provide what has been to date proved to be an elusive defence of justification.”

Rush is suing Nationwide News and journalist Jonathon Moran over stories published in November & December, alleging he behaved inappropriately with a colleague during a 2015 production of King Lear. The front page story was published as “King Leer.”

Lawyers have claimed Rush has remained virtually housebound, barely eating and believes his worth to the theatre and film industry is “now irreparably damaged”.

He denies all allegations. A trial date has been fixed for September.

Source: ABC