Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 227

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 227

The proposed amendment would prejudice the plaintiff because it would extend by eight months the period in which the defendant alleged a single encounter occurred, after the plaintiff had prepared to meet a case isolated to a discrete period of time; the defendant bore the onus of proving the relevant facts in support of its plea.

Jurisdiction
Australia
Judgment Date
22 March 2000
Procedural Posture
Defamation Proceedings / Defendant's Application to Amend Particulars Re D20 T4888
Outcome
Defendant's application to amend declined.
Legal Topics
['amendment of Particulars' 'prejudice' 'onus of Proof']
['defamation' 'civil Procedure'] ['amendment of Particulars' 'prejudice' 'onus of Proof']

Case Brief

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Procedural Posture

Defamation Proceedings / Defendant's Application to Amend Particulars Re D20 T4888

Legal Issues

  1. 1 ['Whether the defendant should be permitted to amend its case concerning witness D20 by deleting the words "in 1985" from sub-particular (2).' 'Whether extending the alleged period of the single encounter by eight months would prejudice the plaintiff.']

Ratio Decidendi

The proposed amendment would prejudice the plaintiff because it would extend by eight months the period in which the defendant alleged a single encounter occurred, after the plaintiff had prepared to meet a case isolated to a discrete period of time; the defendant bore the onus of proving the relevant facts in support of its plea.

Court Disposition

Defendant's application to amend declined.

Orders

  • ['Defence application to amend its case declined.']