The Daily Telegraph's offer to withdraw the judge in the case of defamation of Geoffrey Rush due to a "prejudice apprehension" in his judgment failed, with Judge Michael Wigney refusing to step aside.
The editor of the Sydney newspaper, News Corp, is appealing to Wigney's judgment in the event of defamation of the Oscar-winning actor against the newspaper, saying the judge's conduct during the case "has originated a prejudice apprehension ".
That appeal has yet to be heard, but at the same time, News Corp had tried to persuade Wigney to refuse from hearing a question presented by Rush's attorneys for an injunction against the Telegraph which republished some of the charges made against the # 39; actor.
Wigney ruled against News Corp, saying that "he is not satisfied with the fact that I can refuse and decline to do so", in the sense that he continued to hear the injunction request, which continues.
On Thursday, the Telegraph's lawyer, Tom Blackburn SC, said that the injunction is a "blunt instrument" that would "have a chilling effect on the future reporting of a problem that is of enormous importance and importance, which I can easily report as & # 39; also & # 39; I & # 39; & # 39; ".
But Rush's attorney, Sue Chrysanthou, said that any question of free speech was "diminished" by the injunction, "first, due to the extremely narrow compass of the sought-after reserve, and, in secondly, due to the nature of the unsuccessful defense in these proceedings ”.
The injunction, he argued, concerned only the allegations about Rush's conduct in connection with the production of the King Theater of the Sydney Theater Company, and did not extend to a correct and accurate reporting of the appeal, for example.
"Ultimately, if it is a fair relationship, it has not violated the order, (but) the defendant (News Corp) has shown disrespect for the court's decision and cannot be considered respectful of the court's ruling regarding the truth of these charges they are worried, "said Chrysanthou.
Previously, Blackburn tried in vain to leave aside Wigney pointing out what he claimed were incidents during the Rush trial that suggested "preferential treatment" by the judge against the plaintiff.
Telling Wigney that he gave him "no pleasure in presenting the remarks", Blackburn said the comments made by the judge during the pre-trial hearings last year gave the impression that he believed the Telegraph had "behaved in recklessly "before publishing the articles and had" read about the (Telegraph) and merit of their case ".
Blackburn said a comment made by Wigney during a preliminary hearing in March last year in which it appeared that the Telegraph subeditors "simply could not help themselves" in relation to the title "King Leer" in the center of the case of defamation gave the newspaper impression was "a hasty and intemperate publisher and, in the beginning, a publisher that could not be trusted".
He also pointed to comments made a month later, in April, when Wigney said that the Telegraph's attempts to modify their defense in the "threat to exhaust or frustrate" Rush's desire for the case resolved as soon as possible.
"It would not be unfair to say that while the (Nationwide, News Corp. subsidiary) and the (journalist) Mr (Jonathon) Moran were ready to publish, they were slow to defend," Wigney said at the time.
Blackburn said the observation was "unnecessary" and "gave the impression, in our submission, that your honor had taken a position regarding the respondents and the merits of their case by making those criticisms."
"It conveys, your honor, (a) impression or a suggestion not simply imprudent … it transmits a more sinister suggestion to a reasonable observer that the interviewee had actually intentionally engaged in a conduct whose purpose was (a) frustrate and cheat what Mr. Rush wanted, "he said.
But Rush's attorney, Kieran Smark SC, argued that Blackburn had not outlined why "the various questions they raised, whatever force they have or don't have, would particularly affect the aspects that fall on your honor "in relation to the injunction.
Wigney accepted, refusing to object to the injunction.
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