Swimming legend Ian Thorpe may apply to have his defamation case against a French newspaper heard in its absence.
Thorpe is suing the daily sports newspaper L'Equipe, its publisher, and journalist Damien Ressiot, over an article published in March last year.
The paper claimed Thorpe gave a urine sample in May 2006 which showed abnormal levels of testosterone and a luteinising hormone, both banned substances for competitive swimmers.
The 25-year-old two times Olympian is taking defamation action in the NSW Supreme Court, seeking compensation for damage to his reputation.
Thorpe's lawyer Tony O'Reilly told registrar Christopher Bradford today he had served a statement of claim on all parties except Mr Ressiot, whom he had been unable to locate.
No legal representative appeared in court today on behalf of L'Equipe, and Mr O'Reilly asked that the case be adjourned until next week.
“I would like to have it stood over until next Monday to give me a chance to get in contact with the French defendant to see what their intention is,” Mr O'Reilly said.
“We will need to make an application to proceed in their absence if they don't (intend to appear).”
The matter will return to court on September 29.
