Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 849

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 849

The adjournment was granted because recent developments concerning the plaintiff's legal representation, including the end of retainer with solicitors following failure to provide an undertaking required by the Court of Appeal, justified that fairness and justice required the additional two weeks before trial...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 August 1999
Procedural Posture
Civil Defamation / Plaintiff's Application for Adjournment; Interlocutory Stage During Trial
Outcome
Adjournment granted
Legal Topics
['adjournment' 'trial Structure' 'legal Representation']
['defamation' 'civil Procedure'] ['adjournment' 'trial Structure' 'legal Representation']

Source-derived case record

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Procedural Posture

Civil Defamation / Plaintiff's Application for Adjournment; Interlocutory Stage During Trial

Legal Issues

  1. 1 ['Whether the trial should be adjourned for two weeks' 'Whether the plaintiff should be allowed to make an application to restructure the trial upon its resumption']

Ratio Decidendi

The adjournment was granted because recent developments concerning the plaintiff's legal representation, including the end of retainer with solicitors following failure to provide an undertaking required by the Court of Appeal, justified that fairness and justice required the additional two weeks before trial resumption.

Court Disposition

Adjournment granted

Orders

  • ['Adjournment of the trial to 15 November 1999' "Following evidence in chief and cross-examination of plaintiff's witnesses on damages and any evidence-in-chief of plaintiff, further adjournment until 31 January 2000" 'Plaintiff to move for trial structure orders on 18 October 1999' 'Costs reserved']