Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1186

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1186

The proposed evidence of applause and acclamation by the crowd was inadmissible in chief because its logical import depended on a specific act or fact involving the plaintiff, namely his championing or promoting anti-vilification legislation, and was therefore caught by the exclusionary principle against proving...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Defamation Proceedings / Ruling on Objection to Admissibility of Reputation Evidence
Outcome
Objection upheld; proposed line of questions disallowed.
Legal Topics
['admissibility of Evidence' 'reputation Evidence' 'specific Acts or Facts' 'good Settled Reputation']
['defamation' 'evidence'] ['admissibility of Evidence' 'reputation Evidence' 'specific Acts or Facts' 'good Settled Reputation']

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Procedural Posture

Defamation Proceedings / Ruling on Objection to Admissibility of Reputation Evidence

Legal Issues

  1. 1 ["Whether the plaintiff could lead evidence from Mr Pickering about applause and acclamation by a gathering in Macquarie Street as evidence of the plaintiff's good reputation in the gay community." "Whether evidence of the conduct of others towards the plaintiff was inadmissible in chief as evidence of specific acts or facts illustrative of the plaintiff's reputation."]

Ratio Decidendi

The proposed evidence of applause and acclamation by the crowd was inadmissible in chief because its logical import depended on a specific act or fact involving the plaintiff, namely his championing or promoting anti-vilification legislation, and was therefore caught by the exclusionary principle against proving good reputation by particular acts or facts.

Court Disposition

Objection upheld; proposed line of questions disallowed.

Orders

  • ["The line of questions to Mr Pickering concerning the crowd's conduct towards the plaintiff as evidence of reputation was disallowed."]