Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 402

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 402

The defendant should be permitted to amend its case on justification to revise the date and particulars concerning D18, as the plaintiff would not be prejudiced by the change and there is no evidence that the amendments would confound the plaintiff’s case. Evidence of alleged admissions by conduct will be permitted for the fact of statements having been made, subject to the defendant proving the connection to the plaintiff as admissions against interest within the plea of justification.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
15 May 2000
Procedural Posture
Defamation / Application to Amend Particulars of Justification
Outcome
Defendant granted leave to amend particulars of justification
Legal Topics
Justification, Amendment of Pleadings, Admissions by Conduct
Defamation Justification Amendment of Pleadings Admissions by Conduct

Case Brief

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Application to Amend Particulars of Justification

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend its case on justification regarding the timing and particulars of the alleged incident with D18
  2. 2 Whether further particulars regarding admissions by conduct should be allowed

Ratio Decidendi

The defendant should be permitted to amend its case on justification to revise the date and particulars concerning D18, as the plaintiff would not be prejudiced by the change and there is no evidence that the amendments would confound the plaintiff’s case. Evidence of alleged admissions by conduct will be permitted for the fact of statements having been made, subject to the defendant proving the connection to the plaintiff as admissions against interest within the plea of justification.

Court Disposition

Defendant granted leave to amend particulars of justification

Orders

  • Defendant is granted leave to amend its case on justification as specified in the application.
  • Evidence regarding admissions by conduct is to be admitted solely as to the fact of the statements having been made, not for the truth of their contents, conditional on establishing the necessary link to the plaintiff.