Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1119

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1119

Evidence of the plaintiff’s reputation as President of the Law Society and in the legal profession is admissible on the issue of damages in this defamation trial, as it relates to reputation sectors relevant to and affected by the defamatory imputations found by the jury.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 November 1999
Procedural Posture
Defamation Action / Ruling on Admissibility of Evidence During Trial
Outcome
Objection overruled; evidence allowed
Legal Topics
['admissibility of Evidence' 'good Reputation' 'relevant Sector']
['defamation' 'evidence'] ['admissibility of Evidence' 'good Reputation' 'relevant Sector']

Source-derived case record

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Procedural Posture

Defamation Action / Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 ['Whether evidence of the plaintiff’s reputation in sectors not strictly confined to the defamatory imputations is admissible for assessment of damages' 'Clarification of what constitutes the relevant sector of reputation in defamation proceedings']

Ratio Decidendi

Evidence of the plaintiff’s reputation as President of the Law Society and in the legal profession is admissible on the issue of damages in this defamation trial, as it relates to reputation sectors relevant to and affected by the defamatory imputations found by the jury.

Court Disposition

Objection overruled; evidence allowed

Orders

  • ['Evidence given by Mr Lyall as to plaintiff’s reputation is allowed over defendant’s objection.']