Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 478

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 478

The summary was admissible under s 50 of the Evidence Act 1995 (NSW) because the source documents had been produced under subpoena and were in the Court's custody, the identity of the compiler was disclosed on the summary and clarified by correspondence, the defendant had or would have a reasonable opportunity to examine the documents, and any gaps in the material went to weight rather than admissibility.

Jurisdiction
Australia
Judgment Date
31 May 2000
Procedural Posture
Defamation Proceeding; Evidentiary Application / Ruling on Application to Tender Microfilm of Regent Hotel Records and Summary
Outcome
Summary admitted; box of microfilm marked for identification.
Legal Topics
['admissibility of Summary Evidence' 'business Records' 'microfilm Records' 'subpoenaed Documents' 'evidence Act 1995 (nsw) Ss 48 and 50']
['evidence' 'defamation' 'civil Procedure'] ['admissibility of Summary Evidence' 'business Records' 'microfilm Records' 'subpoenaed Documents' 'evidence Act 1995 (nsw) Ss 48 and 50']

Case Brief

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Procedural Posture

Defamation Proceeding; Evidentiary Application / Ruling on Application to Tender Microfilm of Regent Hotel Records and Summary

Legal Issues

  1. 1 ['Whether the summary of Regent Hotel records was admissible under s 50 of the Evidence Act 1995 (NSW).' 'Whether incompleteness or gaps in the source material affected admissibility or only weight.' 'Whether the defendant had a reasonable opportunity to examine the documents the subject of the tender.' 'Whether s 50 required the person who prepared the summary to be available to give evidence or to have a connection with the business whose documents were summarised.']

Ratio Decidendi

The summary was admissible under s 50 of the Evidence Act 1995 (NSW) because the source documents had been produced under subpoena and were in the Court's custody, the identity of the compiler was disclosed on the summary and clarified by correspondence, the defendant had or would have a reasonable opportunity to examine the documents, and any gaps in the material went to weight rather than admissibility.

Court Disposition

Summary admitted; box of microfilm marked for identification.

Orders

  • ['The summary was admitted as exhibit EO.' 'Box 225 was marked for identification 208.']