Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1304

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1304

Interrogatories 63(a) and 63(b) were inadmissible to prove failure to apologise for aggravated damages, and were also inadmissible for general compensatory damages because there was no evidence from the plaintiff himself of the hurt or subjective condition induced by the absence of apology.

Jurisdiction
Australia
Judgment Date
14 December 1999
Procedural Posture
Defamation / Ruling on Admissibility of Interrogatories 63(a) and 63(b)
Outcome
Tender rejected; interrogatories inadmissible and marked MFI 49.
Legal Topics
['admissibility of Interrogatories' 'failure to Apologise' 'aggravated Damages' 'general Compensatory Damages']
['defamation' 'civil Procedure' 'evidence'] ['admissibility of Interrogatories' 'failure to Apologise' 'aggravated Damages' 'general Compensatory Damages']

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Procedural Posture

Defamation / Ruling on Admissibility of Interrogatories 63(a) and 63(b)

Legal Issues

  1. 1 ['Whether interrogatories 63(a) and 63(b) were admissible to evidence failure to apologise in support of aggravated damages.' "Whether interrogatories 63(a) and 63(b) were admissible to support the plaintiff's case for general compensatory damages absent evidence from the plaintiff himself."]

Ratio Decidendi

Interrogatories 63(a) and 63(b) were inadmissible to prove failure to apologise for aggravated damages, and were also inadmissible for general compensatory damages because there was no evidence from the plaintiff himself of the hurt or subjective condition induced by the absence of apology.

Court Disposition

Tender rejected; interrogatories inadmissible and marked MFI 49.

Orders

  • ['Interrogatories 63(a) and 63(b), insofar as tendered to evidence failure to apologise for aggravated damages, were rejected.' 'Interrogatories 63(a) and 63(b), insofar as tendered for general compensatory damages, were held inadmissible absent evidence from the plaintiff himself.' 'The relevant interrogatories...