AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN; AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN [1997] NSWCA 17

AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN; AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN [1997] NSWCA 17

The contextual imputation was nonsensical and should have been struck out ab initio, but interlocutory applications of this sort should be discouraged and left to be resolved in the ongoing management of the Defamation List trial process.

Parties
Applicant: Amalgamated Television Services Pty Limited; Respondent: Marsden
Jurisdiction
Australia
Judgment Date
31 October 1997
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Contextual Imputations, Striking Out Pleadings, Leave to Appeal
Defamation Contextual Imputations Striking Out Pleadings Leave to Appeal

Case Brief

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Parties

Amalgamated Television Services Pty Limited

Applicant

Marsden

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether contextual imputation (4) should have been struck out
  2. 2 Whether leave to appeal should be granted for this application

Ratio Decidendi

The contextual imputation was nonsensical and should have been struck out ab initio, but interlocutory applications of this sort should be discouraged and left to be resolved in the ongoing management of the Defamation List trial process.

Court Disposition

leave to appeal refused

Orders

  • Application for leave refused
  • Contextual imputation to be dealt with again in the Defamation List.