Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 55

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 55

The evidence objected to by the plaintiff is admissible; the construction of the Evidence Act supports including evidence of statements as to a person's age when reputation evidence is involved, applying common sense and the exclusionary provisions in s 73(1)(c).

Jurisdiction
Australia
Judgment Date
15 February 2000
Procedural Posture
Defamation / Interlocutory Ruling on Evidentiary Objection
Outcome
Objection overruled; evidence admitted.
Legal Topics
['hearsay' 'reputation Evidence' 'admissibility of Evidence']
['evidence' 'defamation'] ['hearsay' 'reputation Evidence' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Evidentiary Objection

Legal Issues

  1. 1 ["Whether hearsay evidence as to a witness's age is admissible under the Evidence Act 1995"]

Ratio Decidendi

The evidence objected to by the plaintiff is admissible; the construction of the Evidence Act supports including evidence of statements as to a person's age when reputation evidence is involved, applying common sense and the exclusionary provisions in s 73(1)(c).

Court Disposition

Objection overruled; evidence admitted.

Orders

  • ["The proposed evidence as to person B's age is admitted."]