Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 564

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 564

The objection based on irrelevance was not made out because the tendered material was relevant to determining where and when Mr Lilburn was, what he was doing, and correlating those events with what he asserted Mr Marsden did; however, material relating to the period 4 September 1986 to 18 December 1986 was excluded.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Defamation List Proceeding / Judgment on Admissibility of MFI 121 Documents in Relation to Witness Jason Lilburn
Outcome
Tendered material admitted in part; MFI 121 became Exhibit FF.
Legal Topics
['admissibility of Evidence' 'relevance' 'cross Examination Material' 'witness Chronology']
['evidence' 'defamation'] ['admissibility of Evidence' 'relevance' 'cross Examination Material' 'witness Chronology']

Source-derived case record

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Procedural Posture

Defamation List Proceeding / Judgment on Admissibility of MFI 121 Documents in Relation to Witness Jason Lilburn

Legal Issues

  1. 1 ['Whether the documents comprising MFI 121 relating to witness Jason Lilburn should be admitted despite an objection based on irrelevance.' 'Whether the tendered material was relevant to where and when the witness was and to correlating those events with what he asserted Mr Marsden did.']

Ratio Decidendi

The objection based on irrelevance was not made out because the tendered material was relevant to determining where and when Mr Lilburn was, what he was doing, and correlating those events with what he asserted Mr Marsden did; however, material relating to the period 4 September 1986 to 18 December 1986 was excluded.

Court Disposition

Tendered material admitted in part; MFI 121 became Exhibit FF.

Orders

  • ['The tendered material is admitted except for so much of it as relates to the period referred to in the Schedule from 4 September 1986 to 18 December 1986.' 'MFI 121 will become Exhibit FF.']