Federal Court judge Michael Lee has allowed Network Ten to reopen its defamation case with Bruce Lehrmann, to analyse fresh evidence brought by former Seven producer Taylor Auerbach.
As such, Justice Lee told the court on Tuesday afternoon it is "unlikely" he will deliver judgment in the matter on Thursday as planned.
Justice Lee said the evidence given by Mr Auerbach not only goes to the credit of Mr Lehrmann, but is "broader than that".
"This is clearly fresh evidence," he said. "It may or may not be material at the end of the day that the determination proceedings, but it is not simply a matter which goes to the credibility of the applicant, but the way in which the respondents put it, is broader than that."
Justice Lee said there was an "intense public interest of people not thinking that relevant material has been able to be achieved for the parties if they say that it is relevant to the determination of the issues."
"At the end of the day, my obligation is to deliver judgement justly and efficiently and with the least delay," he said. "I think the delay, if I manage this, along the lines that I've discussed with counsel will be relatively minimal in the scheme of things."
Justice Lee said he would be unable to deliver judgment until "at least next week".
"The short point is that I would give leave to reopen," he said.
Justice Lee has adjourned for 15 minutes to allow Mr Lehrmann's legal team to determine what subpoenas must be issued to the Seven Network to proceed.
Mr Lehrmann's barrister Matthew Richardson SC rejected much of the alleged new evidence as “trivial” and questioned whether Mr Auerbach was suffering from a psychiatric condition, suggesting Mr Auerbach himself had claimed a “psychiatric injury” caused by his separation from Seven.
"Speaking frankly, multiple journalists, including I assume some of the back of the court, have described his appearances in public in recent weeks as bizarre," Mr Richardson said. "That is a word that has been used frequently."
