Geoffrey Rush has been successful in his attempt to stop parts of The Daily Telegraphâs defence being heard when his defamation case against the newspaper goes to trial.
The actor launched legal proceedings against the newspaperâs owner Nationwide News Pty Ltd after it published articles alleging he engaged in inappropriate behaviour while performing in a 2015 Sydney Theatre Company (STC) production.
The Oscar-winner alleges the articles, which went to print late last year, defame him.
Ahead of the defamation case hearing, Rushâs legal team challenged two parts of the newspaperâs defence case and moved to have them struck out.
The defenceâs case rests on the allegations being substantially true and their publishing was reasonable in the circumstances.
Federal Court Judge Justice Michael Wigney found the allegations were not âsufficiently specific and preciseâ and were âvague and impreciseâ.
âInadequate and insufficient details are given about the alleged touching,â Justice Wigney told the Federal Court in Sydney on Tuesday.
âWhat part of Mr Rush relevantly touched the actress? And what part of the actressâ body was touched?â
Justice denies âfishing expeditionâ
The Daily Telegraph reported a complaint had been made against Rush during a STC production of King Lear.
Justice Wigney also ruled Nationwide Newsâ subpoena to the STC, which required it to produce documents relating to complaint be set aside.
âThe publisher is not permitted to undertake what is referred to colloquially as a âfishing expeditionâ in the hope of finding something in support of its plea,â Justice Wigney told the court.
âIt should not be permitted to use the courtâs compulsory processes to obtain information and evidence so as to establish a defence.â
After the decision was handed down, Rushâs legal team pushed for a trial date to be set as soon as possible so their client âcan be vindicatedâ.
It is not yet clear whether newspaperâs legal team will appeal the decision.
Rush was not in court.
-ABC
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