AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN [1997] NSWCA 16

AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN [1997] NSWCA 16

Leave to appeal is granted in relation to specific orders concerning the treatment of imputations and contextual imputations; leave is refused for other orders. No reasons are given by the Court.

Parties
Claimant: Amalgamated Television Services Pty Limited; Defendant: Marsden
Jurisdiction
Australia
Judgment Date
24 March 1997
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Decision at Court of Appeal
Outcome
leave to appeal granted in part, refused in part
Legal Topics
Leave to Appeal, Imputations, Contextual Imputations
Defamation Leave to Appeal Imputations Contextual Imputations

Case Brief

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Parties

Amalgamated Television Services Pty Limited

Claimant

Marsden

Defendant

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Decision at Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted in respect of certain orders relating to imputation and contextual imputation in decisions made by Levine J.

Ratio Decidendi

Leave to appeal is granted in relation to specific orders concerning the treatment of imputations and contextual imputations; leave is refused for other orders. No reasons are given by the Court.

Court Disposition

leave to appeal granted in part, refused in part

Orders

  • Claimant granted leave to appeal against that part of the decision of Levine J given on 17 December 1996 in CA 40005/97 in which (a) imputations G and H will go to the jury and (b) contextual imputation 3A(v) be struck out.
  • Costs of the application will be costs in the appeal (CA 40005/97).