Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1189

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1189

Evidence of a person's contemporaneous reaction within days of the broadcast is admissible as it is relevant to the issue of hostile reaction after publication; its probative value will be determined at a later stage.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
02 December 1999
Procedural Posture
Defamation / Evidentiary Ruling During Trial
Outcome
Evidence admitted
Legal Topics
Admissibility of Evidence, Contemporaneous Reaction, Shunning
Defamation Admissibility of Evidence Contemporaneous Reaction Shunning

Case Brief

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether evidence of contemporaneous reaction to alleged defamatory broadcast is admissible

Ratio Decidendi

Evidence of a person's contemporaneous reaction within days of the broadcast is admissible as it is relevant to the issue of hostile reaction after publication; its probative value will be determined at a later stage.

Court Disposition

Evidence admitted

Orders

  • The evidence of Mr Fitzgibbon concerning Councillor Carver's statements and Council's actions is admitted.