Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 519

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 519

The defendant is not permitted to cross-examine the plaintiff on the subject matter or contents of conversations recorded on the 'Elomari tapes' by reference to or use of the tapes or any transcript thereof, due to the operation of the Listening Devices Act and the Evidence Act, and in light of probative/prejudicial balancing and pending appeal.

Jurisdiction
Australia
Judgment Date
08 June 2000
Procedural Posture
Civil / Evidentiary Ruling During Trial
Outcome
Evidence excluded; cross-examination not permitted as described.
Legal Topics
['admissibility' 'cross Examination' 'listening Devices Act 1984' 'private Conversations']
['evidence' 'defamation'] ['admissibility' 'cross Examination' 'listening Devices Act 1984' 'private Conversations']

Case Brief

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Procedural Posture

Civil / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ["Whether the defendant may cross-examine the plaintiff on the contents of recorded conversations (the 'Elomari tapes') under the Listening Devices Act 1984 and the Evidence Act 1995"]

Ratio Decidendi

The defendant is not permitted to cross-examine the plaintiff on the subject matter or contents of conversations recorded on the 'Elomari tapes' by reference to or use of the tapes or any transcript thereof, due to the operation of the Listening Devices Act and the Evidence Act, and in light of probative/prejudicial balancing and pending appeal.

Court Disposition

Evidence excluded; cross-examination not permitted as described.

Orders

  • ["Defendant not to cross-examine the plaintiff on the subject matter or contents of the 'Elomari tapes' by reference to or use of either the tapes or any transcript thereof."]