How much is calling an Oscar winner a sexual predator worth in defamation dollars? What if there are no more $5 million paydays from Pirates of the Caribbean movies?

The Geoffrey Rush defamation claims against Sydney’s Daily Telegraph got down to business on Monday, discussing the damages that might be payable to the Oscar-winning actor if he wins the case.

After two weeks of evidence from the central players – Mr Rush and his King Lear co-star Eryn Jean Norvill – and witnesses who may or may not have seen any inappropriate behaviour, it was time for the bean counters.

Unlike defamation matters in state courts, which only hear submissions on damages once there is a decision on the substantive matters – whether a person is defamed and whether there are any defences which justify publication – the Federal Court lumps all those issues together.

Accountant Terrence Potter, for Mr Rush, and Anthony Samuel, for the Telegraph, had been asked to prepare reports on Mr Rush’s income and prospects and then give evidence together.

The only real point of disagreement between them on day 11 of the case came down to how much they should factor in for blockbuster jobs such as the Piratesmovies, for which Mr Rush was paid $5 million in 2015. It was the recent edition of the franchise, for which Mr Rush has played the character Barbossa.

Increase over 10 years

Mr Potter said the actor earned $1.5 million to $2 million for other movies from 2012-2013 to 2017-2018. No annual figures were provided but the court has heard that Mr Rush earned $1.5 million in the five months before the Telegraph published in late 2017, but only $44,000 in the 11 months since.

Mr Potter said there had been a “general increase [in income] over 10 years which might point against him having a declining income for the next 10 years … that’s the difficulty of the [accounting] exercise”.

However, Mr Samuel said he was “a little concerned” about the suggestion Mr Rush’s income might keep increasing and said it “might have a different result if you don’t have a pirate [movie] in there”.

Mr Potter countered that it “might be unreasonable to completely exclude Pirates income because if Mr Rush wasn’t working on the Pirates movies he might be doing something else”.

He said one difficulty in applying traditional accounting notions of risk was that “Mr Rush’s income has been increasing in the past five years”.

In demand

The court heard argument last week from Mr Rush’s Hollywood agent Fred Specktor and movie studio lawyers Robin Russell and Richards Marks about the actor’s prospects.

Justice Michael Wigney noted their evidence showed some actors remained in demand as the years advanced. The advent of streaming also meant there were more opportunities for actors generally.

Mr Rush is suing News Corp, publisher of the Telegraph, over a poster and two articles in late 2017 that said the Sydney Theatre Company had received a complaint accusing him of “inappropriate behaviour” towards a cast member, who was later identified as Ms Norvill.

Mr Rush says the articles accused him of being a “pervert, a sexual predator and of inappropriate behaviour of a sexual nature”. Ms Norvill has testified that Mr Rush “belittled” her by simulating groping her in a rehearsal room, touching a breast during a preview and tracing fingers across her back when backstage in the final week of the play.

Justice Wigney said he would hand down a decision on Tuesday morning on whether to allow the Telegraph to amend its defence based on an affidavit sworn by a woman dubbed “Ms X”, who offered to testify for the Telegraph at the end of the first week of the trial.

He said that if he ruled against the paper, closing submissions would begin on Wednesday.

IMAGE: Actor Geoffrey Rush arrives at the Federal Court on Monday with his solicitor Nicholas Pullen. Peter Rae

For more on this story go to: https://www.afr.com/business/legal/geoffrey-rush-earned-5m-for-pirates-of-the-caribbean-20181105-h17igc