Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1302

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1302

The promotional material did not provide a sufficient basis for admissibility because there was no independent evidence connecting the plaintiff with the promotional material, no evidence linking it to any subjective reaction by the plaintiff, and no basis for characterising any asserted failure to apologise as improper, lacking in good faith or unjustifiable merely by reference to the defendant having promoted the program.

Jurisdiction
Australia
Judgment Date
14 December 1999
Procedural Posture
Defamation Proceedings / Ex Tempore Ruling on Admissibility of Documents 22 to 33
Outcome
Documents 22 to 33 were marked for identification as MFI 47.
Legal Topics
['admissibility of Documents' 'promotional Material' 'aggravated Damages' 'failure to Retract or Apologise' "plaintiff's Awareness of Defamatory Conduct"]
['defamation' 'evidence'] ['admissibility of Documents' 'promotional Material' 'aggravated Damages' 'failure to Retract or Apologise' "plaintiff's Awareness of Defamatory Conduct"]

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Procedural Posture

Defamation Proceedings / Ex Tempore Ruling on Admissibility of Documents 22 to 33

Legal Issues

  1. 1 ["Whether documents 22 to 33, being promotional material, were admissible in relation to the defendant's alleged failure to retract or apologise." "Whether the promotional material could support a case for aggravated damages by showing improper, lacking in good faith or unjustifiable conduct that increased the plaintiff's hurt to feelings."]

Ratio Decidendi

The promotional material did not provide a sufficient basis for admissibility because there was no independent evidence connecting the plaintiff with the promotional material, no evidence linking it to any subjective reaction by the plaintiff, and no basis for characterising any asserted failure to apologise as improper, lacking in good faith or unjustifiable merely by reference to the defendant having promoted the program.

Court Disposition

Documents 22 to 33 were marked for identification as MFI 47.

Orders

  • ['The documents (22 to 33) will be MFI 47.']