Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 413

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 413

No inconsistency was established between the witness's evidence in court and prior recorded interview statements, therefore leave to cross-examine under s 38 of the Evidence Act 1995 (NSW) was declined.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 May 2000
Procedural Posture
Defamation / Application for Leave to Cross Examine Under S 38 Evidence Act 1995 (nsw)
Outcome
Application under s 38 Evidence Act 1995 (NSW) declined
Legal Topics
['leave to Cross Examine Under S 38 Evidence Act 1995 (nsw)' 'consistency of Witness Statements']
['evidence'] ['leave to Cross Examine Under S 38 Evidence Act 1995 (nsw)' 'consistency of Witness Statements']

Source-derived case record

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Procedural Posture

Defamation / Application for Leave to Cross Examine Under S 38 Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted under s 38 Evidence Act 1995 (NSW) to cross-examine the witness based on alleged inconsistency with prior statements']

Ratio Decidendi

No inconsistency was established between the witness's evidence in court and prior recorded interview statements, therefore leave to cross-examine under s 38 of the Evidence Act 1995 (NSW) was declined.

Court Disposition

Application under s 38 Evidence Act 1995 (NSW) declined

Orders

  • ['Leave to cross-examine under s 38 Evidence Act 1995 (NSW) is refused.']