Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 238

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 238

The defendant has standing to apply for a pseudonym order in respect of a person it proposes to call as a witness, even though that person is not yet sworn; the application to reopen the defendant's case for that purpose is competent and leave is granted.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
27 March 2000
Procedural Posture
Defamation / Interlocutory Application to Reopen Defendant's Case on Notice of Motion for Pseudonym Order
Outcome
Leave to reopen the defendant's case granted for the purposes of tendering further warrants and calling evidence from D18; application for leave is allowed.
Legal Topics
Standing to Apply for Pseudonym Orders, Reopening of Case in Interlocutory Proceedings, Status of Witnesses Prior to Being Sworn
Defamation Civil Procedure Standing to Apply for Pseudonym Orders Reopening of Case in Interlocutory Proceedings Status of Witnesses Prior to Being Sworn

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Interlocutory Application to Reopen Defendant's Case on Notice of Motion for Pseudonym Order

Legal Issues

  1. 1 Whether the defendant has standing to move for a pseudonym order in relation to a proposed witness prior to the witness being sworn
  2. 2 Whether an application to reopen the defendant's case for the purposes of such an order is competent

Ratio Decidendi

The defendant has standing to apply for a pseudonym order in respect of a person it proposes to call as a witness, even though that person is not yet sworn; the application to reopen the defendant's case for that purpose is competent and leave is granted.

Court Disposition

Leave to reopen the defendant's case granted for the purposes of tendering further warrants and calling evidence from D18; application for leave is allowed.

Orders

  • Leave is granted to the defendant to reopen its case in respect of the tender of listening device warrants and calling D18 to give evidence.