Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 404

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 404

Any further application for a witness to give evidence under a pseudonym, whether by the witness or the defendant, must be formalised by Notice of Motion with an accompanying affidavit setting out the evidence, to allow for procedural fairness and judicial consideration.

Jurisdiction
Australia
Judgment Date
16 May 2000
Procedural Posture
Civil / Interlocutory Directions
Outcome
Directions given for formal application procedure; no final determination of substantive issue.
Legal Topics
['procedure' 'witness Anonymity' 'applications for Pseudonym']
['defamation'] ['procedure' 'witness Anonymity' 'applications for Pseudonym']

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Procedural Posture

Civil / Interlocutory Directions

Legal Issues

  1. 1 ['Whether a further application for a witness to give evidence under a pseudonym may be made and in what manner']

Ratio Decidendi

Any further application for a witness to give evidence under a pseudonym, whether by the witness or the defendant, must be formalised by Notice of Motion with an accompanying affidavit setting out the evidence, to allow for procedural fairness and judicial consideration.

Court Disposition

Directions given for formal application procedure; no final determination of substantive issue.

Orders

  • ['Any further application for a witness to use a pseudonym must be made by Notice of Motion with supporting affidavit by 9:30am the following day.']