The newspaper being sued for defamation by Geoffrey Rush has been dealt a blow to its case as a judge refused to hear evidence from a new witness.
The Academy Award winning actor is suing Nationwide News for stories published in The Daily Telegraph alleging he acted inappropriately towards actor Eryn Jean Norvill during a production of King Lear.
During pre-trial hearings, lawyers for the newspaper have sought to include evidence from cast member Colin Moody as part of their defence.
They say the evidence he could give would back Norvill's claims.
But today in the Federal Court, Justice Michael Wigney refused to let the newspaper add the new witness to its case, noting it is far too close to the start of the trial on October 22.
The judge said Moody is overseas caring for his mother and would need to give evidence via video link, which may make cross-examination of him difficult.
"It would increase case management burdens … in an already complex trial," the judge said.
"If leave were granted, it would only be fair to grant leave to Mr Rush to file further evidence in defence."
Justice Wigney noted that Rush, 67, would suffer prejudice if leave were granted to add the new witness so close to the trial start.
Rush, who was not in court today, denies the allegations surrounding the 2015-16 Sydney Theatre production in which he played King Lear and Norvill played the King's daughter, Cordelia.
