Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 477

The particulars of defence of justification should not be struck out where evidence remains on the record, even if not fully tested; their weight is a matter for submissions at trial.

Jurisdiction: Australia
Judgment Date: 31 May 2000
Procedural Posture: Defamation / Interlocutory Motion (application to Strike Out Particulars of Defence of Justification)
Outcome: Notice of motion dismissed
Legal Topics: ['particulars of Defence' 'justification' 'evidence Admissibility' 'strike Out Application']

['defamation'] ['particulars of Defence' 'justification' 'evidence Admissibility' 'strike Out Application']

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Procedural Posture

Defamation / Interlocutory Motion (application to Strike Out Particulars of Defence of Justification)

Legal Issues

1 ['Whether particulars of defence of justification should be struck out where no evidence was given' 'Whether evidence given but not fully tested in cross-examination should render particulars irrelevant']

Ratio Decidendi

The particulars of defence of justification should not be struck out where evidence remains on the record, even if not fully tested; their weight is a matter for submissions at trial.

Court Disposition

Notice of motion dismissed

Orders

['Notice of motion to strike out particulars of defence dismissed']