Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 75

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 75

Because only limited procedural issues remained before the jury could be empanelled, the Court made tight timetable directions for proposed amended imputations and responses, required formalisation of proposed jury directions, stood over other outstanding procedural matters, and continued liberty to apply.

Jurisdiction
Australia
Judgment Date
15 February 1999
Procedural Posture
Defamation Proceedings; Directions / Pre Trial Directions Before Jury Empanelment
Outcome
Directions made; outstanding matters stood over; liberty to apply continued.
Legal Topics
['amendment of Imputations' 'jury Directions' 'subpoenas' 'notices to Produce' 'privilege' 'directions Hearing']
['defamation' 'civil Procedure'] ['amendment of Imputations' 'jury Directions' 'subpoenas' 'notices to Produce' 'privilege' 'directions Hearing']

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Procedural Posture

Defamation Proceedings; Directions / Pre Trial Directions Before Jury Empanelment

Legal Issues

  1. 1 ['What directions should be made for the plaintiff to notify any proposed amendments to imputations and for the defendant to respond.' 'What timetable should be set for proposed directions concerning jury procedure, including the playing of video tapes and provision of transcripts.' 'How outstanding applications concerning the Reply, particulars of malice, subpoenas, Notices to Produce and privilege should be managed before trial.']

Ratio Decidendi

Because only limited procedural issues remained before the jury could be empanelled, the Court made tight timetable directions for proposed amended imputations and responses, required formalisation of proposed jury directions, stood over other outstanding procedural matters, and continued liberty to apply.

Court Disposition

Directions made; outstanding matters stood over; liberty to apply continued.

Orders

  • ['The plaintiff is to notify the defendant by 3pm on 15 February 1999 of any proposed amendments to his imputations.' 'The defendant is to notify the plaintiff by noon on 16 February 1999 of its response to the proposed application to amend, including its attitude to leave to amend and, if amendment is granted, the...