Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 653

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 653

Because cross-examination admitted evidence of an asserted inconsistency between Mrs Searle's evidence and her earlier statutory declaration, and paragraph 8 contained a statement consistent in meaning and substance with her evidence, leave was granted under s 108 to tender that sentence as a prior consistent statement; the whole statutory declaration was not admissible.

Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Defamation Proceeding / Evidence Admissibility Ruling During Trial
Outcome
Leave granted to the plaintiff to tender the specified sentence in paragraph 8 of the statutory declaration as plaintiff's exhibit FZ.
Legal Topics
['admissibility' 'credibility Rule' 'prior Consistent Statement' 're Examination' 'evidence Act 1995 (nsw) Ss 102 & 108']
['evidence' 'defamation'] ['admissibility' 'credibility Rule' 'prior Consistent Statement' 're Examination' 'evidence Act 1995 (nsw) Ss 102 & 108']

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Procedural Posture

Defamation Proceeding / Evidence Admissibility Ruling During Trial

Legal Issues

  1. 1 ['Whether leave should be granted under s 108 of the Evidence Act 1995 (NSW) to tender a sentence from paragraph 8 of a statutory declaration as evidence of a prior consistent statement.' 'Whether the whole statutory declaration made by Mrs Searle at Camden on 6 October 1998 was admissible.']

Ratio Decidendi

Because cross-examination admitted evidence of an asserted inconsistency between Mrs Searle's evidence and her earlier statutory declaration, and paragraph 8 contained a statement consistent in meaning and substance with her evidence, leave was granted under s 108 to tender that sentence as a prior consistent statement; the whole statutory declaration was not admissible.

Court Disposition

Leave granted to the plaintiff to tender the specified sentence in paragraph 8 of the statutory declaration as plaintiff's exhibit FZ.

Orders

  • ['The plaintiff is granted leave to tender the sentence in paragraph 8 of the statutory declaration: "John Maynard said to me, \'John is not someone that is into under aged persons\'".' "The tendered sentence will be plaintiff's exhibit FZ."]