Marsden v Amalgamated Television Services [2000] NSWSC 24

Marsden v Amalgamated Television Services [2000] NSWSC 24

The Court refused to exclude the defendant's admissions-by-conduct evidence globally because, having regard to the Evidence Act provisions on admissions and relevance and with no other basis for exclusion advanced, the material could be led, with its weight and significance to be determined later.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 February 2000
Procedural Posture
Defamation Proceeding / Judgment on Admission of Evidence Concerning Particulars of Truth and Admissions by Conduct
Outcome
Ruling in favour of the defendant for present purposes in relation to the present witness; global exclusion refused.
Legal Topics
['admission of Evidence' 'admissions by Conduct' 'particulars of Truth' 'hearsay Rule' 'relevance']
['defamation' 'evidence' 'civil Procedure'] ['admission of Evidence' 'admissions by Conduct' 'particulars of Truth' 'hearsay Rule' 'relevance']

Source-derived case record

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Procedural Posture

Defamation Proceeding / Judgment on Admission of Evidence Concerning Particulars of Truth and Admissions by Conduct

Legal Issues

  1. 1 ["Whether evidence identified in the defendant's particulars of truth as admissions by conduct should be excluded or received." 'Whether the defendant was obliged to provide particulars of admissions relied on in support of its plea of truth.']

Ratio Decidendi

The Court refused to exclude the defendant's admissions-by-conduct evidence globally because, having regard to the Evidence Act provisions on admissions and relevance and with no other basis for exclusion advanced, the material could be led, with its weight and significance to be determined later.

Court Disposition

Ruling in favour of the defendant for present purposes in relation to the present witness; global exclusion refused.

Orders

  • ['The material the subject of the particulars on page four can be subject to the leading of evidence.' 'The Court was not prepared to exclude the material globally as sought by the plaintiff.']