Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 699

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 699

The photographs tendered by the defendant were not sufficiently relevant to the identification issue, as there was no evidence as to the specific dates the photographs were taken or that the plaintiff's appearance remained the same throughout the relevant period; thus, they were not rationally capable of...

Source-derived case information.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
21 July 2000
Procedural Posture
Defamation / Evidentiary Ruling During Trial
Outcome
Photographs rejected as evidence; marked for identification only.
Legal Topics
Admissibility of Evidence, Relevance of Evidence, Identifying Parties in Photographs
Evidence Defamation Admissibility of Evidence Relevance of Evidence Identifying Parties in Photographs

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether photographs tendered by the defendant are admissible as evidence under s 55 Evidence Act 1995 (NSW)
  2. 2 Whether the photographs are relevant to the identification of the plaintiff at the relevant time and place

Ratio Decidendi

The photographs tendered by the defendant were not sufficiently relevant to the identification issue, as there was no evidence as to the specific dates the photographs were taken or that the plaintiff's appearance remained the same throughout the relevant period; thus, they were not rationally capable of establishing the relevant fact within s 55 Evidence Act 1995 (NSW).

Court Disposition

Photographs rejected as evidence; marked for identification only.

Orders

  • The tender of photographs is rejected.
  • The photographs were marked for identification 286.