Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 122

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 122

Mr Pearce's evidence that he was 23 when he first met the plaintiff, had never had underage sex with the plaintiff, came forward to get money, and had recanted arguably showed that he was unfavourable and that his evidence was inconsistent with prior statements. That was sufficient to admit MFI 115, subject to any irrelevant material, as Exhibit 70.

Jurisdiction
Australia
Judgment Date
06 March 2000
Procedural Posture
Defamation Proceedings / Ex Tempore Evidentiary Ruling During Trial on Tender of Tapes and Transcript Comprised in MFI 115 in the "inkster" Interview
Outcome
MFI 115 admitted as Exhibit 70.
Legal Topics
['admissibility of Interview Tapes and Transcript' 'cross Examination of Own Witness Under S 38' 'unfavourable Witness' 'prior Inconsistent Statements' 'defences of Privilege and Justification']
['defamation' 'evidence'] ['admissibility of Interview Tapes and Transcript' 'cross Examination of Own Witness Under S 38' 'unfavourable Witness' 'prior Inconsistent Statements' 'defences of Privilege and Justification']

Case Brief

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Procedural Posture

Defamation Proceedings / Ex Tempore Evidentiary Ruling During Trial on Tender of Tapes and Transcript Comprised in MFI 115 in the "inkster" Interview

Legal Issues

  1. 1 ['Whether MFI 115, comprising tapes and transcript of the "Inkster" interview, should be admitted into evidence.' "Whether Mr Pearce's evidence was arguably unfavourable and inconsistent with prior statements so as to support admission of MFI 115 and cross-examination under s 38." 'Whether cross-examination should extend to age and year of meeting the plaintiff, underage sex, reasons for coming forward, and circumstances of recanting.']

Ratio Decidendi

Mr Pearce's evidence that he was 23 when he first met the plaintiff, had never had underage sex with the plaintiff, came forward to get money, and had recanted arguably showed that he was unfavourable and that his evidence was inconsistent with prior statements. That was sufficient to admit MFI 115, subject to any irrelevant material, as Exhibit 70.

Court Disposition

MFI 115 admitted as Exhibit 70.

Orders

  • ['MFI 115 is admitted as Exhibit 70.']