Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 475

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 475

The Telstra documents were not admissible as business records under the Evidence Act 1995 (NSW) because of internal content indicating they were not such records and thus did not meet the requirements of s 48(1)(e) and s 69.

Jurisdiction
Australia
Judgment Date
29 May 2000
Procedural Posture
Defamation / Interlocutory Ruling on Admissibility of Evidence
Outcome
Documents not admitted as evidence; marked for identification only.
Legal Topics
['tender of Documents' 'business Records' 'admissibility of Evidence']
['evidence' 'defamation'] ['tender of Documents' 'business Records' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Are the Telstra documents admissible as business records under Evidence Act 1995 (NSW) s 69 or s 48(1)(e)?']

Ratio Decidendi

The Telstra documents were not admissible as business records under the Evidence Act 1995 (NSW) because of internal content indicating they were not such records and thus did not meet the requirements of s 48(1)(e) and s 69.

Court Disposition

Documents not admitted as evidence; marked for identification only.

Orders

  • ['Documents the subject of the tender are to be marked for identification 204.']