Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 54

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 54

The amendment was principally a change to the period alleged and appeared to contract rather than expand the date range. The plaintiff had material available for cross-examination, any unfair compromise to cross-examination could be accommodated during the trial, and the plaintiff was not shown to be so prejudiced that the defendant should be deprived of the opportunity to seek to lead Mr Kinchela's evidence. Leave to amend was therefore granted.

Jurisdiction
Australia
Judgment Date
14 February 2000
Procedural Posture
Defamation / Defendant's Application for Leave to Amend Its Case in Relation to Proposed Witness Mr Kinchela
Outcome
Leave to amend granted.
Legal Topics
['amendment of Particulars' 'particulars of Truth' 'prejudice' 'cross Examination']
['defamation' 'civil Procedure'] ['amendment of Particulars' 'particulars of Truth' 'prejudice' 'cross Examination']

Case Brief

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Procedural Posture

Defamation / Defendant's Application for Leave to Amend Its Case in Relation to Proposed Witness Mr Kinchela

Legal Issues

  1. 1 ['Whether the defendant should be granted leave to amend particular 4(8) in the Amended Second Consolidated Particulars of Truth by changing the alleged period from "During 1970" to "during the period from about November 1970 until June 1971".' 'Whether the proposed amendment would so prejudice the plaintiff that the defendant should be deprived of the opportunity to seek to lead the evidence of Mr Kinchela.']

Ratio Decidendi

The amendment was principally a change to the period alleged and appeared to contract rather than expand the date range. The plaintiff had material available for cross-examination, any unfair compromise to cross-examination could be accommodated during the trial, and the plaintiff was not shown to be so prejudiced that the defendant should be deprived of the opportunity to seek to lead Mr Kinchela's evidence. Leave to amend was therefore granted.

Court Disposition

Leave to amend granted.

Orders

  • ['The defendant is granted leave to amend particular 4(8) in the Amended Second Consolidated Particulars of Truth by substituting "during the period from about November 1970 until June 1971" for "During 1970".']