The Daily Telegraph has seen its application to introduce a new witness into the Geoffrey Rush defamation case rejected.
Federal Court Justice Michael Wigney yesterday said the late move would mean that a new trial would have to be conducted in 2019, which would be unfair on Rush.
“There is also the potential other witnesses will have to be recalled,” he added.
A non-publication order surrounding “Witness X” is to remain in place.
He noted the newspaper has tried to “frustrate and impede” Rush’s case at every stage of the proceedings, and that the newspaper’s case is a “moveable feast”.
The case is expected to finish tomorrow.