Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 193

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 193

The evidence about the circumstances in which Mr Pearce executed the Grusovin statutory declaration was relevant to the fact of his change of position and to the circumstances surrounding the making of the statement he later recanted, particularly given evidence suggesting money or greed may have played a part.

Jurisdiction
Australia
Judgment Date
20 March 2000
Procedural Posture
Defamation / Evidence Ruling
Outcome
Examination allowed to continue.
Legal Topics
['relevance' 'justification' 'unfavourable Witness' 'recantation' 'statutory Declaration' 'admissions by Conduct']
['evidence' 'defamation'] ['relevance' 'justification' 'unfavourable Witness' 'recantation' 'statutory Declaration' 'admissions by Conduct']

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Procedural Posture

Defamation / Evidence Ruling

Legal Issues

  1. 1 ["Whether evidence concerning the circumstances in which Mr Pearce executed the statutory declaration in Mrs Grusovin's office was relevant and could be further explored in examination."]

Ratio Decidendi

The evidence about the circumstances in which Mr Pearce executed the Grusovin statutory declaration was relevant to the fact of his change of position and to the circumstances surrounding the making of the statement he later recanted, particularly given evidence suggesting money or greed may have played a part.

Court Disposition

Examination allowed to continue.

Orders

  • ['The examination may continue.']