Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 631

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 631

Section 106(c) of the Evidence Act 1995 (NSW) permits admission of evidence from Ms Jones of a prior inconsistent statement by Mr Maynard, notwithstanding the collateral facts rule, as the requirements of s 106(c) have been met.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 July 2000
Procedural Posture
Defamation / Interlocutory Ruling on Admissibility of Evidence
Outcome
Objection overruled; evidence allowed.
Legal Topics
['admissibility of Evidence' 'collateral Facts Rule' 'prior Inconsistent Statement' 'evidence Act 1995 (nsw) S 106(c)']
['evidence'] ['admissibility of Evidence' 'collateral Facts Rule' 'prior Inconsistent Statement' 'evidence Act 1995 (nsw) S 106(c)']

Source-derived case record

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Procedural Posture

Defamation / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether evidence from Ms Jones about prior statements by Mr Maynard is admissible under s 106(c) of the Evidence Act 1995 (NSW) despite the collateral facts rule.']

Ratio Decidendi

Section 106(c) of the Evidence Act 1995 (NSW) permits admission of evidence from Ms Jones of a prior inconsistent statement by Mr Maynard, notwithstanding the collateral facts rule, as the requirements of s 106(c) have been met.

Court Disposition

Objection overruled; evidence allowed.

Orders

  • ['Ms Jones is permitted to give the proposed evidence.']