Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 451

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 451

The officer is not permitted to answer questions regarding use of the listening device or other matters not expressly addressed in his statement, as his authority to provide evidence is limited by the terms of the certificate and the scope of his statement.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 May 2000
Procedural Posture
Civil (defamation) / Interlocutory Ruling on Objection to Admissibility of Evidence
Outcome
Objection upheld; question disallowed
Legal Topics
['listening Devices' 'admissibility of Evidence' 'police Integrity Commission Powers' 'editing of Documents Submitted to Court']
['evidence' 'defamation' 'criminal Procedure'] ['listening Devices' 'admissibility of Evidence' 'police Integrity Commission Powers' 'editing of Documents Submitted to Court']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil (defamation) / Interlocutory Ruling on Objection to Admissibility of Evidence

Legal Issues

  1. 1 ['Whether Detective French may answer questions regarding use of a listening device not referred to in his statement' 'Whether edited documents and certificates pursuant to Police Integrity Commission Act 1996 permit admissibility of certain evidence']

Ratio Decidendi

The officer is not permitted to answer questions regarding use of the listening device or other matters not expressly addressed in his statement, as his authority to provide evidence is limited by the terms of the certificate and the scope of his statement.

Court Disposition

Objection upheld; question disallowed

Orders

  • ['The witness can give no evidence of any matter not referred to in terms in his statement. The question is disallowed.']