Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 441

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 441

The court disallowed the question in re-examination regarding the time estimate for further investigations, as it was not discretely raised in chief and the defendant could not adequately test the answer. The court allowed the subject matter of the question to be addressed during submissions based on the evidence received.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
10 May 1999
Procedural Posture
Defamation / Ruling on Objection During Re Examination
Outcome
Objection upheld; question disallowed
Legal Topics
Objection During Re Examination, Admissibility of Evidence, Case Management
Defamation Evidence Objection During Re Examination Admissibility of Evidence Case Management

Case Brief

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 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Ruling on Objection During Re Examination

Legal Issues

  1. 1 Whether the plaintiff's witness may answer a question in re-examination regarding estimated investigation timeframes

Ratio Decidendi

The court disallowed the question in re-examination regarding the time estimate for further investigations, as it was not discretely raised in chief and the defendant could not adequately test the answer. The court allowed the subject matter of the question to be addressed during submissions based on the evidence received.

Court Disposition

Objection upheld; question disallowed