Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1303

Because aggravated damages based on increased hurt require proof of subjective personal hurt, and the plaintiff had given no oral evidence of hurt from the publication, the documents tendered to show an increase in that hurt were inadmissible.

Jurisdiction: Australia
Judgment Date: 14 December 1999
Procedural Posture: Defamation Proceeding / Ruling on Admissibility of Documents 34, 35, 39, 40 and 41 Concerning Aggravated Damages
Outcome: Documents 34, 35, 39, 40 and 41 were not admitted as evidence and were marked for identification as MFI 48.
Legal Topics: ['admissibility of Documents' 'aggravated Damages' 'absence of Plaintiff Evidence in Chief']

['defamation' 'evidence'] ['admissibility of Documents' 'aggravated Damages' 'absence of Plaintiff Evidence in Chief']

Case Brief

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Procedural Posture

Defamation Proceeding / Ruling on Admissibility of Documents 34, 35, 39, 40 and 41 Concerning Aggravated Damages

Legal Issues

1 ['Whether documents 34, 35, 39, 40 and 41 were admissible on the issue of aggravated damages in the absence of oral evidence from the plaintiff.' 'Whether alleged aggravated hurt to the plaintiff could be established from correspondence or other sources when the plaintiff had not given evidence of hurt from the publication.']

Ratio Decidendi

Court Disposition

Documents 34, 35, 39, 40 and 41 were not admitted as evidence and were marked for identification as MFI 48.

Orders

['Documents 34, 35, 39, 40 and 41 will be MFI 48.']