Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 517

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 517

The plaintiff's applications to reopen his case on damages and to amend his case on malice are refused because, after the closure of the defence case and in light of the plaintiff's prior choices, there is no relevant case to reopen and the interests of justice and trial management do not justify granting leave.

Jurisdiction
Australia
Judgment Date
06 June 2000
Procedural Posture
Civil / Application to Reopen Plaintiff's Case in Chief on the Issue of Damages
Outcome
Application refused
Legal Topics
['aggravated Damages' 'reopening Case' 'malice' 'trial Management']
['defamation'] ['aggravated Damages' 'reopening Case' 'malice' 'trial Management']

Case Brief

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Procedural Posture

Civil / Application to Reopen Plaintiff's Case in Chief on the Issue of Damages

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to reopen his case in chief on the issue of damages' 'Whether the plaintiff should be permitted to amend his case on malice after the close of the defence case']

Ratio Decidendi

The plaintiff's applications to reopen his case on damages and to amend his case on malice are refused because, after the closure of the defence case and in light of the plaintiff's prior choices, there is no relevant case to reopen and the interests of justice and trial management do not justify granting leave.

Court Disposition

Application refused

Orders

  • ["The plaintiff's applications are refused."]