Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 629

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 629

Because the plaintiff wholly denied the alleged events involving Mr Kinchela, the proposed evidence concerning the Monaro transaction was capable of rationally affecting facts in issue under s 55 of the Evidence Act, notwithstanding the general distinction between ownership and possession. The objection on those bases was rejected and the evidence was allowed to be led.

Jurisdiction
Australia
Judgment Date
04 July 2000
Procedural Posture
Defamation Proceeding / Objection to Evidence of Ferdinando Dominelli on Relevance
Outcome
Objection to the evidence rejected; evidence allowed to be led.
Legal Topics
['relevance' 'admissibility of Evidence' 'evidence Act S 55' 'ownership and Possession of Vehicle']
['defamation' 'evidence'] ['relevance' 'admissibility of Evidence' 'evidence Act S 55' 'ownership and Possession of Vehicle']

Case Brief

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Procedural Posture

Defamation Proceeding / Objection to Evidence of Ferdinando Dominelli on Relevance

Legal Issues

  1. 1 ['Whether the plaintiff should be allowed to lead evidence from Mr Dominelli concerning a transaction involving ownership of a Monaro in response to allegations involving Mr Kinchela.' 'Whether the distinction between ownership and possession made the proposed evidence irrelevant.']

Ratio Decidendi

Because the plaintiff wholly denied the alleged events involving Mr Kinchela, the proposed evidence concerning the Monaro transaction was capable of rationally affecting facts in issue under s 55 of the Evidence Act, notwithstanding the general distinction between ownership and possession. The objection on those bases was rejected and the evidence was allowed to be led.

Court Disposition

Objection to the evidence rejected; evidence allowed to be led.

Orders

  • ['To the extent that objection has been taken on those bases, the evidence may be led.']