Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1170

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1170

MFI 27 was admitted because the defendant had not demonstrated unfair disadvantage or prejudice from the report not having been provided to its expert: if the defendant maintained that Dr Dent's overall report established nothing, there was no prejudice; and if the challenge concerned Dr Dent's treatment of other...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 November 1999
Procedural Posture
Defamation Proceedings / Evidentiary Ruling on Admission of MFI 27 During Trial
Outcome
MFI 27 admitted into evidence as exhibit G.
Legal Topics
['admission of Evidence' 'expert Medical Report' 'prejudice From Non Service of Report' 'cross Examination of Expert Witness']
['defamation' 'evidence' 'civil Procedure'] ['admission of Evidence' 'expert Medical Report' 'prejudice From Non Service of Report' 'cross Examination of Expert Witness']

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Procedural Posture

Defamation Proceedings / Evidentiary Ruling on Admission of MFI 27 During Trial

Legal Issues

  1. 1 ["Whether MFI 27, the copy of the unabridged report of Dr Dent dated 18 May 1998, should be admitted into evidence despite the defendant's contention that it was unfair to admit a medical report that had not been served or made available to the defendant's expert."]

Ratio Decidendi

MFI 27 was admitted because the defendant had not demonstrated unfair disadvantage or prejudice from the report not having been provided to its expert: if the defendant maintained that Dr Dent's overall report established nothing, there was no prejudice; and if the challenge concerned Dr Dent's treatment of other stressors, that had been dealt with in cross-examination.

Court Disposition

MFI 27 admitted into evidence as exhibit G.

Orders

  • ['The unabridged report of 18 May 1998, being the one presently marked for identification 27, will become exhibit G.']