Lawyers for Nationwide News are seeking access to audio recordings from the Geoffrey Rush defamation trial.
Nationwide News is appealing the verdict on several grounds including that Justice Michael Wigney could have appeared biased. In amended appeal documents there are references to some of the judge’s comments throughout the proceedings “and the tone” in which they were delivered.
Last month, the Daily Telegraph attempted to have Justice Wigney excuse himself from making further decisions in the case. He declined.
The newspaper’s lawyers cited the cumulative effect of comments the judge made, including “derogatory terms” used in referencing the newspaper, to support their application.
Rush was awarded almost $2.9 million, an Australian record.
The appeal is being heard by Justice Anthony Besanko, via video link from South Australia.