Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 425

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 425

The tendered police duty book and running sheet extracts were irrelevant and inadmissible because they merely recorded W2's prior consistent representations and did not independently corroborate that W2 spoke to the plaintiff or what the plaintiff said or did.

Jurisdiction
Australia
Judgment Date
19 May 2000
Procedural Posture
Defamation Proceeding in the Common Law Division, Defamation List / Ex Tempore Ruling on Admissibility of Tendered Documents During Evidence
Outcome
Tendered documents ruled irrelevant and inadmissible.
Legal Topics
['admissibility of Tender Documents' 'relevance' 'business Records Exception' 'hearsay' 'evidence Act 1995 (nsw) S 69(3)(b)']
['evidence' 'defamation'] ['admissibility of Tender Documents' 'relevance' 'business Records Exception' 'hearsay' 'evidence Act 1995 (nsw) S 69(3)(b)']

Case Brief

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Procedural Posture

Defamation Proceeding in the Common Law Division, Defamation List / Ex Tempore Ruling on Admissibility of Tendered Documents During Evidence

Legal Issues

  1. 1 ["Whether extracts from police duty books and running sheets tendered by the defendant were relevant and admissible as corroboration of W2's evidence." 'Whether the documents were admissible as business records notwithstanding Evidence Act 1995 (NSW) s 69(3)(b).']

Ratio Decidendi

The tendered police duty book and running sheet extracts were irrelevant and inadmissible because they merely recorded W2's prior consistent representations and did not independently corroborate that W2 spoke to the plaintiff or what the plaintiff said or did.

Court Disposition

Tendered documents ruled irrelevant and inadmissible.

Orders

  • ['The tendered documents will be marked for identification 170.']