Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1204

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1204

Given the position of the parties and in the interests of overall justice and fairness, it would be manifestly unfair to force the unrepresented plaintiff to proceed in the truth phase of the trial when suitable counsel is unavailable until 31 January 2000, and an adjournment is warranted to prevent injustice.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Defamation / Interlocutory Application for Adjournment During Trial
Outcome
Application for adjournment granted
Legal Topics
['application for Adjournment' 'representation of Parties' 'court Resources' 'trial Management']
['defamation' 'civil Procedure'] ['application for Adjournment' 'representation of Parties' 'court Resources' 'trial Management']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application for Adjournment During Trial

Legal Issues

  1. 1 ["Whether the trial should be adjourned until the new term in February 2000 to allow the plaintiff to be represented by senior counsel in the 'truth' phase of the trial"]

Ratio Decidendi

Given the position of the parties and in the interests of overall justice and fairness, it would be manifestly unfair to force the unrepresented plaintiff to proceed in the truth phase of the trial when suitable counsel is unavailable until 31 January 2000, and an adjournment is warranted to prevent injustice.

Court Disposition

Application for adjournment granted

Orders

  • ["Order 1 in the notice of motion made: following the plaintiff's evidence on damage, the trial is adjourned until commencement of the new term in February 2000." 'Costs reserved.']