Marsden v Amalgamated Television Services Pty Ltd [1999] NSWSC 123

Marsden v Amalgamated Television Services Pty Ltd [1999] NSWSC 123

A specific note directing the jury to consider alternative/fall-back imputations only if the primary is not found is not necessary. The jury should be left to consider which, if any, imputation is conveyed, provided with general directions in the summing up.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
22 February 1999
Procedural Posture
Defamation / Ruling on Form of Questions to Be Answered by the Jury
Outcome
Ruling on form of questions: no inclusion of plaintiff's proposed specific note regarding sequential consideration of alternative imputations.
Legal Topics
Pleading of Fall Back Imputations, Jury Questions, Alternative Imputations, Directions to Jury
Defamation Common Law Pleading of Fall Back Imputations Jury Questions Alternative Imputations Directions to Jury

Case Brief

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Defamation / Ruling on Form of Questions to Be Answered by the Jury

Legal Issues

  1. 1 Whether a specific note should be included in questions to the jury indicating that alternative/fall-back imputations are to be considered only sequentially

Ratio Decidendi

A specific note directing the jury to consider alternative/fall-back imputations only if the primary is not found is not necessary. The jury should be left to consider which, if any, imputation is conveyed, provided with general directions in the summing up.

Court Disposition

Ruling on form of questions: no inclusion of plaintiff's proposed specific note regarding sequential consideration of alternative imputations.

Orders

  • Final form of questions to the jury to be handed to counsel, with 'convey' substituted for 'carried' and 'or' inserted where imputations are pleaded in the alternative.