Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 368

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 368

The affidavits were admissible because the evidence could be relevant to whether the person's status was already sufficiently known to warrant non-application of a pseudonym order, and the availability of a balancing exercise was supported by s 130 of the Evidence Act in matters involving public immunity or high...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 May 2000
Procedural Posture
Defamation Proceeding / Judgment on Admissibility of Affidavit Evidence and Application for Pseudonym Order
Outcome
Affidavit evidence admitted; leave to file granted retroactively.
Legal Topics
['admissibility of Evidence' 'information in the Public Domain' 'pseudonym Order' 'registered Police Informer' 'public Immunity']
['evidence' 'defamation' 'civil Procedure'] ['admissibility of Evidence' 'information in the Public Domain' 'pseudonym Order' 'registered Police Informer' 'public Immunity']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Defamation Proceeding / Judgment on Admissibility of Affidavit Evidence and Application for Pseudonym Order

Legal Issues

  1. 1 ['Whether evidence contained in two affidavits sworn by Mr Potter was admissible.' 'Whether evidence about knowledge in the public domain was relevant to the non-application of a pseudonym order.' 'Whether a balancing exercise was available in relation to public immunity or high policy matters under s 130 of the Evidence Act.']

Ratio Decidendi

The affidavits were admissible because the evidence could be relevant to whether the person's status was already sufficiently known to warrant non-application of a pseudonym order, and the availability of a balancing exercise was supported by s 130 of the Evidence Act in matters involving public immunity or high policy considerations.

Court Disposition

Affidavit evidence admitted; leave to file granted retroactively.

Orders

  • ['The evidence contained in both affidavits sworn by Mr Potter on 1 May 2000 is admitted.' 'Leave to file each affidavit in court is granted retroactively.']