The Daily Telegraph has lost its bid to launch a cross-claim against the Sydney Theatre Company in the defamation lawsuit brought by actor Geoffrey Rush.
Federal Court judge Justice Michael Wigney on Friday dismissed a bid by the tabloid to launch a cross-claim against the STC, describing the proposal as "very weak if not tenuous".
The 66-year-old Oscar winner is suing the Telegraph and its journalist, Jonathon Moran, over stories published in late 2017 alleging Rush behaved inappropriately with a colleague during a Sydney Theatre Company production of King Lear in 2015.
Rush has rejected the allegations.
The Telegraph denies the articles made Rush out to be a pervert and a predator, arguing no allegations of a sexual nature were made.
In dismissing the two latest applications, Justice Wigney said the approach taken by the Telegraph and Moran to their defence "threatens to stymie or frustrate" the objective of having the claim resolved as quickly, inexpensively and efficiently as possible.
He said on Friday the proposed fourth attempt at filing an amended defence led to suspicions about the real reason for their "zealous if not desperate" pursuit of the changes.
This was to "justify a further subpoena to the Sydney Theatre Company in the hope that documents" might support a defence of justification, the judge said.
In the proposed cross-claim, Nationwide News and Moran said the STC defamed Rush when it made three statements about him and it should contribute to any damages payable.
The judge listed the defamation hearing for September 3 and ordered the parties to mediate before then.
Australian Associated Press
