Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 167

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 167

The defendant may rely upon the affidavit of Mr Price, which is on information and belief, for the purposes of the interlocutory pseudonym application, as use of such evidence is permissible under the Evidence Act and court practice, and because there appears a basis for the material being 'new'.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
14 March 2000
Procedural Posture
Interlocutory Application / Ruling on Admissibility of Affidavit/evidence for Pseudonym Application
Outcome
Objection by plaintiff dismissed; defendant allowed to rely on affidavit of Mr Price if it chooses to read it.
Legal Topics
Pseudonym Application, Affidavit on Information and Belief
Evidence Practice and Procedure Pseudonym Application Affidavit on Information and Belief

Case Brief

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Interlocutory Application / Ruling on Admissibility of Affidavit/evidence for Pseudonym Application

Legal Issues

  1. 1 Whether an affidavit on information and belief may be relied upon in a pseudonym application despite being from someone other than the witness
  2. 2 Whether the evidence is 'new' or 'fresh'

Ratio Decidendi

The defendant may rely upon the affidavit of Mr Price, which is on information and belief, for the purposes of the interlocutory pseudonym application, as use of such evidence is permissible under the Evidence Act and court practice, and because there appears a basis for the material being 'new'.

Court Disposition

Objection by plaintiff dismissed; defendant allowed to rely on affidavit of Mr Price if it chooses to read it.

Orders

  • Defendant permitted to rely on affidavit of David Charles Price sworn today.