Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 38

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 38

The evidence concerning the falsity of the statutory declaration is admissible only for the limited purpose of establishing an admission by conduct against the plaintiff's interests concerning this particular witness, and not as evidence of general conduct or conduct relating to other complainants.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
09 February 2000
Procedural Posture
Defamation / Evidentiary Ruling
Outcome
Application to limit use of evidence granted
Legal Topics
Admissibility, Relevance, Admissions of Conduct, Limiting Use of Evidence
Evidence Admissibility Relevance Admissions of Conduct Limiting Use of Evidence

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 1 Party arguments 1
Sign in to unlock

Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Evidentiary Ruling

Legal Issues

  1. 1 Whether the evidence regarding the falsity of a statutory declaration is admissible and the purposes for which it may be used

Ratio Decidendi

The evidence concerning the falsity of the statutory declaration is admissible only for the limited purpose of establishing an admission by conduct against the plaintiff's interests concerning this particular witness, and not as evidence of general conduct or conduct relating to other complainants.

Court Disposition

Application to limit use of evidence granted

Orders

  • The use of the evidence is limited to its relevance to the alleged conduct of the plaintiff as an admission by conduct in respect to this particular witness only, pursuant to s 136(a) and (b) Evidence Act 1995.