Geoffrey Rush’s $2.9m win against Daily Telegraph under appeal

A two-day appeal against actor Geoffrey Rush’s $2.9 million award for defamation will argue that Justice Michael Wigney displayed bias in finding for the 68-year-old actor

• Geoffrey Rush awarded $2m for lost earnings
• Tele granted audio recordings in Geoffrey Rush appeal

Actor Geoffrey Rush’s record $2.9 million award for defamation will be the subject of a two-day appeal in the Federal Court starting today.

Documents already filed to the court by The Daily Telegraph argue that Justice Michael Wigney displayed an appearance of bias in reaching his verdict in favour of the 68-year-old actor.

Mr Rush sued the newspaper over a series of articles in late 2017 which reported that a young actress had lodged a complaint with The Sydney Theatre Company over his alleged “inappropriate behaviour”.

Geoffrey Rush speaks to the media outside the Supreme Court of New South Wales after being awarded damages in April.

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The actress was later named as Eryn Jean Norvill, who played Mr Rush’s daughter Cordelia in the STC production of King Lear.

During the trial she told the court she had felt “trapped” as Mr Rush “slowly” and “deliberately” ran his fingers over her right breast as she played dead on stage.

Justice Wigney found in favour of Mr Rush (pictured) and ordered him to be paid $850,000 in damages as well as a further $2 million for lost ­earnings.

In its appeal on the appearance of bias by the judge, The Daily Telegraph cites 16 examples that it claims show the shortcomings in Justice Wigney’s approach.

Australian actress Eryn-Jean Norvill leaves the Supreme Court in April during the case.

These include the judge’s decision to exclude the testimony of actor Yael Stone, the judge’s declaration that key witness Ms Norvill lacked credibility and his decision to award special damages without adequate evidence to show Mr Rush would not get work in the future.

After the trial Ms Stone told the ABC and The New York Times how Mr Rush watched her in the shower and danced naked in front of her when they shared a dressing room while they performed together in the Diary Of A Madman at Sydney’s Belvoir Street Theatre in 2010. Mr Rush denies the claims.

Justice Michael Wigney presenting his summary of his findings at the close of the case.

During the trial Mr Rush’s legal team argued he needed the special damages because the controversy had “disabled him from working”.

Last week Mr Rush gave a bravura charity performance of Shakespeare’s Merchant Of Venice alongside Hollywood star Al Pacino in California.

Rush and Al Pacino perform a reading of William Shakespeare's “The Merchant of Venice” in Los Angeles on October 28, 2019.

In lodging its appeal, the newspaper also argued that portions of audiotapes of the original trial were required in order to show the tone of the judge’s comments, which was not reflected in the transcript of proceedings.

In its amended appeal the newspaper said that Justice Wigney made “repeated” references to the newspaper and the articles about Mr Rush in “in derogatory terms” and that the tone of his delivery was relevant.

The appeal will be heard by three Federal Court judges, Justice White, Justice Gleeson and Justice Wheelahan.