Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 204

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 204

The witness, Mr Pearce, ultimately confirmed that the report containing paragraphs 15, 16 and 17 was the source of his information about Chan's Canton Village. Despite earlier confusion, this provides a basis for admitting the material as evidence of what the witness saw in the report.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 March 2000
Procedural Posture
Defamation / Ruling on Admissibility of Evidence
Outcome
Part admission of evidence
Legal Topics
['admissibility of Evidence' 'witness Examination' 'statutory Declarations']
['evidence' 'defamation'] ['admissibility of Evidence' 'witness Examination' 'statutory Declarations']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Defamation / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether paragraphs 15, 16 and 17 of MFI 119/125 are admissible as evidence on the basis of the witness's identification"]

Ratio Decidendi

The witness, Mr Pearce, ultimately confirmed that the report containing paragraphs 15, 16 and 17 was the source of his information about Chan's Canton Village. Despite earlier confusion, this provides a basis for admitting the material as evidence of what the witness saw in the report.

Court Disposition

Part admission of evidence

Orders

  • ['Page 1 of MFI 125 admitted for identification purposes only.' 'Paragraphs 15, 16 and 17 admitted as exhibit CC as evidence only of that report said by the witness to have been seen by him and limited as such.']