This appearance of bias,the newspaper previously alleged in its appeal,could be taken from multiple parts of the case,including that Justice Wigney referred to the newspaper in"derogatory terms",used a particular tone of voice,and made"other observations and comments giving the appearance of hostility ... and pre-judgment of the issues".
Eryn Jean Norvill outside court in April.Credit:AAP
Justice Jacqueline Gleeson said she had listened to the particular recordings of Justice Wigney nominated by theTelegraph and"wasn't sure what tone I was listening for".
"You'll tell us what the tones are,at some point?"Justice Gleeson asked.
"Yes,your honour,"Mr Blackburn said.
The newspaper had argued that previous judgments in the case,including rulings that two potential witnesses could not give evidence,were also part of Justice Wigney's appearance of bias.
One of those prospective witnesses,given the name"Witness X"during the trial,was later revealed to beOrange Is The New Black star Yael Stone. Shelater made public allegations that Rush danced naked in front of her and used a mirror to watch her while she showered. Rush denied the claims.
Daily Telegraph journalist Jonathon Moran on his way to court on Monday.Credit:AAP
Justice Richard White said earlier on Monday that apprehended bias is"a very serious submission to make".
Mr Blackburn responded,"It is a very serious matter,your honour,I don't treat it other than serious."
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When the allegation was withdrawn,Rush's barrister Bret Walker,SC,said he had"come prepared to meet that very serious allegation"which he described as a"slur both on the trial judge and the cogency of the vindication my client has enjoyed in the court below".
He said the"wholesale,across the board and very grave set of linked"arguments,"about which you heard as recently as this morning",still remained on the court file.
Mr Walker said it was an"extremely serious step"to persist in a ground of appeal then describe it as no longer needed rather than withdrawing it from the court record.
The court will hear on Tuesday morning whether the allegations will be formally struck from the record.
Rush sat in the court watching proceedings with his wife Jane Menelaus,withTelegraph journalist Jonathon Moran also present.
Mr Blackburn earlier told the court that Rush's damages for economic loss were"substantial"and based on a belief that Rush couldn't work,which was"cobbled together with speculation and inferences".
Geoffrey Rush leaves court on Monday afternoon.Credit:AAP
He said Rush"delivered his lines in the witness box over a period of about three days"in the trial last year but"there's one thing he didn't say:'I'm unable to work because of these articles'. He just didn't say it."
Justice White interrupted to say of Rush delivering lines:"You mean he gave evidence".
"Yes,"Mr Blackburn said.
The hearing continues before Justice White,Justice Gleeson and Justice Michael Wheelahan.