Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 220

The defence case is limited to evidence relevant to the period when D20 was fifteen in 1985; evidence of conduct at any other time is inadmissible based on the particulars served.

Parties: Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction: Australia
Judgment Date: 22 March 2000
Procedural Posture: Defamation / Evidentiary Ruling
Outcome: Evidence outside the particularised timeframe is inadmissible.
Legal Topics: Admissibility of Evidence, Particulars of Justification, Relevance

Defamation Admissibility of Evidence Particulars of Justification Relevance

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Evidentiary Ruling

Legal Issues

1 Whether evidence outside the time frame particularised may be admitted
2 The admissibility of a statement made by D20 to police

Ratio Decidendi

The defence case is limited to evidence relevant to the period when D20 was fifteen in 1985; evidence of conduct at any other time is inadmissible based on the particulars served.

Court Disposition

Evidence outside the particularised timeframe is inadmissible.

Orders

Any evidence sought to be led on the substance of the particulars as set out in sub-particular (4) as occurring at any other time is inadmissible on the particulars as they presently stand.