Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1309

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1309

Applying the same principles and authorities as in the earlier pseudonym judgment, the evidence concerning D 18 showed no more than a preference or wish for anonymity, concerns about embarrassment and employment, and unwillingness to give evidence without a pseudonym; those matters did not persuade the Court that the interests of justice between the plaintiff seeking vindication and the defendant seeking to prove truth warranted even a minimal departure from open justice.

Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Defamation Proceedings / Defendant's Notice of Motion for Pseudonym Orders for Witness D 18 During Trial
Outcome
Motion dismissed with costs.
Legal Topics
['pseudonym Order' 'open Justice' 'witness Anonymity' 'closed Court Hearing']
['defamation' 'civil Procedure'] ['pseudonym Order' 'open Justice' 'witness Anonymity' 'closed Court Hearing']

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Procedural Posture

Defamation Proceedings / Defendant's Notice of Motion for Pseudonym Orders for Witness D 18 During Trial

Legal Issues

  1. 1 ["Whether pseudonym orders should be made for the defendant's intended witness D 18." "Whether the evidence of D 18's preference, concern, embarrassment, possible employment peril and unwillingness to give evidence without a pseudonym warranted a departure from open justice."]

Ratio Decidendi

Applying the same principles and authorities as in the earlier pseudonym judgment, the evidence concerning D 18 showed no more than a preference or wish for anonymity, concerns about embarrassment and employment, and unwillingness to give evidence without a pseudonym; those matters did not persuade the Court that the interests of justice between the plaintiff seeking vindication and the defendant seeking to prove truth warranted even a minimal departure from open justice.

Court Disposition

Motion dismissed with costs.

Orders

  • ['The motion is dismissed with costs.']