Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 518

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 518

The question relating to the 1967 interview with police was disallowed as it lacked substantial probative value, considering both the tendency to prove what is set out in s 103(2)(a) and the lapse of nearly 30 years under s 103(2)(b).

Jurisdiction
Australia
Judgment Date
06 June 2000
Procedural Posture
Defamation / Ruling on Objection During Cross Examination
Outcome
Objection sustained; question disallowed.
Legal Topics
['credibility Rule' 'probative Value' 'cross Examination']
['evidence' 'defamation'] ['credibility Rule' 'probative Value' 'cross Examination']

Case Brief

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Procedural Posture

Defamation / Ruling on Objection During Cross Examination

Legal Issues

  1. 1 ['Whether cross-examination relating to a 1967 police interview is admissible in light of the credibility rule under Evidence Act 1995 (NSW) s 102 and s 103']

Ratio Decidendi

The question relating to the 1967 interview with police was disallowed as it lacked substantial probative value, considering both the tendency to prove what is set out in s 103(2)(a) and the lapse of nearly 30 years under s 103(2)(b).

Court Disposition

Objection sustained; question disallowed.

Orders

  • []