Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 711

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 711

The Court fixed a timetable that balanced the plaintiff's interest in expedition and counsel availability against the need for both parties to prepare proper written submissions, allowing the plaintiff to file submissions on any subject at any time within the overall timetable while preserving the defendant's allocated time.

Jurisdiction
Australia
Judgment Date
19 July 2000
Procedural Posture
Defamation / Directions as to Written Submissions
Outcome
Directions made for filing written submissions according to the timetable handed down; plaintiff and parties granted liberty as specified.
Legal Topics
['directions' 'written Submissions' 'timetable' 'damages' 'malice' 'truth' 'qualified Privilege']
['defamation' 'civil Procedure'] ['directions' 'written Submissions' 'timetable' 'damages' 'malice' 'truth' 'qualified Privilege']

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Procedural Posture

Defamation / Directions as to Written Submissions

Legal Issues

  1. 1 ['What timetable should be fixed for delivery of written submissions.' "Whether the plaintiff's request for a tight timetable should be accommodated in light of expedition, medical condition, vindication, stress, costs and counsel availability." 'Whether liberty to apply should be granted in relation to written submissions.']

Ratio Decidendi

The Court fixed a timetable that balanced the plaintiff's interest in expedition and counsel availability against the need for both parties to prepare proper written submissions, allowing the plaintiff to file submissions on any subject at any time within the overall timetable while preserving the defendant's allocated time.

Court Disposition

Directions made for filing written submissions according to the timetable handed down; plaintiff and parties granted liberty as specified.

Orders

  • ['Plaintiff to file submissions on damages and malice from 19 July 2000, due 1 September 2000.' 'Defendant to file submissions on truth and qualified privilege from 19 July 2000, due 1 September 2000.' 'Plaintiff to file reply submissions on truth and qualified privilege from 1 September 2000, due 27 October 2000.'...