EJ Norvill returns to court as Telegraph seeks to amend Rush defence

Eryn Jean Norvill, the young actor at the centre of Geoffrey Rush's defamation case against The Daily Telegraph, has returned to court as the newspaper launches an eleventh-hour bid to call a new witness in its high-stakes legal battle with the Oscar-winning actor.

Federal Court Justice Michael Wigney has imposed an interim non-publication order on the identity of the Telegraph's proposed new witness, whom he dubbed "X", as he considers the newspaper's application to amend its defence on the tenth day of the three-week trial.

Eryn Jean Norvill and lawyer Leon Zwier arrive at the Federal Court on Friday. Credit:Joel Carrett/AAP

Ms Norvill, 34, has accused Mr Rush of sexually harassing her during the Sydney Theatre Company's 2015-15 production of King Lear, a claim he vehemently denies.

She finished giving evidence in court on Wednesday but returned to court on Friday as lawyers for Mr Rush and the Telegraph argued about whether the amendment should be permitted.

Mr Rush, 67, is suing the Telegraph's publisher, Nationwide News, in the Federal Court over two news stories and a newsagent poster alleging "inappropriate behaviour" towards a cast member during the STC production of King Lear.

His accuser was not named in the stories but was later revealed to be Ms Norvill, who played King Lear's daughter Cordelia. She did not speak to the Telegraph for its stories.

The court heard on Friday that Ms Norvill's solicitor, Arnold Bloch Leibler partner Leon Zwier, contacted the Telegraph's lawyers last Friday and said witness X might be prepared to give evidence in the case.

Tom Blackburn, SC, acting for the Telegraph's publisher Nationwide News, said lawyers representing the newspaper worked "all weekend" to prepare an application to amend the defence but held off making the application in court on Monday as settlement talks continued between the parties.

Asked by Justice Wigney if the newspaper made the application on Tuesday after those discussions "came to nothing", Mr Blackburn said: "Yes."

Michaela Whitbourn is The Sydney Morning Herald's Legal Affairs and Investigations reporter.

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