Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 86
The opinion of Mr Gulley on whether the conduct was professionally improper is not admissible; the ultimate question is for the judge based on evidence and submissions. The objection is upheld and the question is disallowed.
- Parties
- Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 24 February 2000
- Procedural Posture
- Defamation / Interlocutory Ruling on Objection During Trial
- Outcome
- Objection upheld; question disallowed.
- Legal Topics
- Objection to Questioning, Cross Examination, Admissibility of Opinion Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
John Marsden
Plaintiff
Amalgamated Television Services Pty Limited
Defendant
Procedural Posture
Defamation / Interlocutory Ruling on Objection During Trial
Legal Issues
- 1 Whether the question put to witness Gulley as to the propriety of the plaintiff's conduct is admissible in the circumstances.
Ratio Decidendi
The opinion of Mr Gulley on whether the conduct was professionally improper is not admissible; the ultimate question is for the judge based on evidence and submissions. The objection is upheld and the question is disallowed.
Court Disposition
Objection upheld; question disallowed.
Full Case Text
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