Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 65

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 65

Although evidence on information and belief is generally receivable in interlocutory applications, the material in paragraphs 2 to 7 was irrelevant and incapable of establishing the matter sought (privilege), and should be excluded under s 135(c) of the Evidence Act as likely to cause undue waste of time.

Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Civil / Interlocutory Application
Outcome
Paragraphs 2 to 7 of Mr Potter's affidavit rejected as irrelevant and inadmissible.
Legal Topics
['admissibility' 'privilege' 'interlocutory Application' 'affidavits on Information and Belief']
['evidence'] ['admissibility' 'privilege' 'interlocutory Application' 'affidavits on Information and Belief']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ["Whether paragraphs 2 to 7 of Mr Potter's affidavit are admissible in an interlocutory application" 'Whether evidence on information and belief is probative or relevant to the application' 'Whether the material attracts privilege']

Ratio Decidendi

Although evidence on information and belief is generally receivable in interlocutory applications, the material in paragraphs 2 to 7 was irrelevant and incapable of establishing the matter sought (privilege), and should be excluded under s 135(c) of the Evidence Act as likely to cause undue waste of time.

Court Disposition

Paragraphs 2 to 7 of Mr Potter's affidavit rejected as irrelevant and inadmissible.

Orders

  • ['Paragraphs 2 to 7 of the affidavit of Mr Potter sworn 14 February 2000 are rejected.']