Marsden v Amalgamated Television Services Pty Ltd [1999] NSWSC 26

Marsden v Amalgamated Television Services Pty Ltd [1999] NSWSC 26

The two defamation actions should be heard at the same time with one jury determining the s 7A issues because no statute required separate juries and directions could ensure separate consideration of each publication. For s 38(8), the jury panel need only be told the nature of the action, the identity of the parties, and the issue it must decide, because no principal witnesses would be called on the jury issue. The defendant was required to answer specified further interrogatories because they were sufficiently connected to issues in the proceedings and the trial timetable could accommodate the answers.

Jurisdiction
Australia
Judgment Date
04 February 1999
Procedural Posture
Defamation Proceedings / Pre Trial Determination of Preliminary Matters Concerning Consolidation, Jury Act S 38(8), Presentation of Evidence, and Interrogatories
Outcome
Preliminary rulings and orders made; proceedings ordered to be heard together and defendant ordered to answer specified interrogatories.
Legal Topics
['consolidation' 'section 7 a Defamation Jury Determinations' 'jury Act S 38(8)' 'interrogatories' 'discovery']
['defamation' 'civil Procedure' 'jury Procedure'] ['consolidation' 'section 7 a Defamation Jury Determinations' 'jury Act S 38(8)' 'interrogatories' 'discovery']

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Procedural Posture

Defamation Proceedings / Pre Trial Determination of Preliminary Matters Concerning Consolidation, Jury Act S 38(8), Presentation of Evidence, and Interrogatories

Legal Issues

  1. 1 ['Whether two separately commenced defamation actions concerning 1995 and 1996 publications should be heard together with one jury determining the s 7A Defamation Act issues.' 'What information must be provided to the jury panel under s 38(8) of the Jury Act where the jury will not hear witnesses on the issue it must decide.' 'Whether the defendant should be directed to present its justification case by grouping witnesses and disclosing the witness list and order of witnesses.' 'Whether the defendant should answer further interrogatories delivered by the plaintiff.']

Ratio Decidendi

The two defamation actions should be heard at the same time with one jury determining the s 7A issues because no statute required separate juries and directions could ensure separate consideration of each publication. For s 38(8), the jury panel need only be told the nature of the action, the identity of the parties, and the issue it must decide, because no principal witnesses would be called on the jury issue. The defendant was required to answer specified further interrogatories because they were sufficiently connected to issues in the proceedings and the trial timetable could accommodate the answers.

Court Disposition

Preliminary rulings and orders made; proceedings ordered to be heard together and defendant ordered to answer specified interrogatories.

Orders

  • ['The proceedings are to be heard at the same time.' 'The evidence in one proceeding will be available as evidence in the other, subject to any discrete issue of relevance.' 'The determinations under s 7A of the Defamation Act will be made by one jury empanelled to hear and determine those issues in the...