Daily Telegraph seeks leave to appeal decision as Geoffrey Rush defamation battle continues
The Daily Telegraph lawyers have argued Geoffrey Rush “can’t point to any factual errors” as the newspaper sought leave to appeal against a ruling which threw out parts of its defence in its ongoing defamation battle with the actor.
Lawyers for News Corp subsidiary Nationwide News told Sydney’s Federal Court this morning it wants to contest the decision to “strike out” three paragraphs of its qualified privilege defence.
Qualified privilege requires a publisher in defamation cases to prove that publishing a story was in the public interest and reasonable.
Tom Blackburn, representing The Daily Telegraph and journalist Jonathon Moran, argued that “great care” had been taken in ensuring what was published was true.
“We don’t think Mr Rush can point to any factual errors that were published,” he said.
Blackburn told the court that because of that “great care” and because what was published was true, “Mr Moran’s conduct and the Daily Telegraph’s conduct was eminently reasonable”.
He also told the court that Nationwide News was making a cross-claim against Sydney Theatre Company on the grounds that it issued a statement to the newspaper that was “plainly intended for publication”.
Addressing Justice Michael Wigney, Blackburn said there would be little point in continuing with pre-trial proceedings until the leave for appeal issue had been resolved.
Sue Chrysanthou, representing Rush, argued that the cross claim against the Sydney Theatre Company should have been lodged two months ago and accused The Daily Telegraph lawyers of “delaying tactics”.
Blackburn, meanwhile, said the actor’s lawyers were attempting to put pressure on the publisher by pressing for an early trial.
Chrysanthou described that claim as “quite ridiculous”.
She argued that Rush had been portrayed as a “pervert” with headlines around the world damaging his reputation. The stories were “malicious” and intended to cause harm, she added.
Chrysanthou said her client wanted to stand in the witness box as soon as possible to “vindicate his reputation”.
The case was adjourned until April 9.
