Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 691

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 691

For reasons of convenience only, the Court permitted the defendant to lead evidence from Peter Raymond French on a discrete transcript, not as evidence in the trial and not as evidence in aid of the foreshadowed application to reopen, while permitting Mr Hall as amicus to object during evidence in chief and reserving the plaintiff's right to cross-examine at an appropriate time.

Jurisdiction
Australia
Judgment Date
17 July 2000
Procedural Posture
Defamation Proceedings / Directions Hearing Following Foreshadowed Application by the Defendant to Reopen Its Case
Outcome
Directions made for evidence from Peter Raymond French to be heard for convenience only, with safeguards for the plaintiff.
Legal Topics
['directions' 'reopening a Case' 'discrete Transcript of Evidence' 'evidence Taken for Convenience' 'amicus Objections' 'reservation of Cross Examination Rights']
['defamation' 'civil Procedure' 'evidence'] ['directions' 'reopening a Case' 'discrete Transcript of Evidence' 'evidence Taken for Convenience' 'amicus Objections' 'reservation of Cross Examination Rights']

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Procedural Posture

Defamation Proceedings / Directions Hearing Following Foreshadowed Application by the Defendant to Reopen Its Case

Legal Issues

  1. 1 ['Whether, for practical convenience, the defendant should be permitted to lead evidence from investigator Peter Raymond French before the substantive application to reopen its case.' "Whether the plaintiff's position should be protected by permitting objections during evidence in chief and reserving any right to cross-examine at an appropriate time."]

Ratio Decidendi

For reasons of convenience only, the Court permitted the defendant to lead evidence from Peter Raymond French on a discrete transcript, not as evidence in the trial and not as evidence in aid of the foreshadowed application to reopen, while permitting Mr Hall as amicus to object during evidence in chief and reserving the plaintiff's right to cross-examine at an appropriate time.

Court Disposition

Directions made for evidence from Peter Raymond French to be heard for convenience only, with safeguards for the plaintiff.

Orders

  • ['If practicable, the transcript of the evidence to be heard is to be discrete, as in the case of evidence heard in camera.' 'The defendant is permitted to lead evidence from Peter Raymond French, not as evidence in the trial and not as evidence in aid of any application to reopen.' "Mr Hall is permitted as amicus...