Amalgamated Television Services Pty Ltd v Marsden (No 2)

In *Amalgamated Television Services Pty Ltd v Marsden (No 2)*, the New South Wales Court of Appeal considered an appeal and cross-appeal concerning damages awarded in a defamation case. The dispute arose from a defamation action brought by the respondent against the appellant.

The primary legal issues before the Court of Appeal were whether the original verdicts for compensatory and aggravated damages were excessive, whether exemplary damages should have been awarded, and whether a new trial on damages was necessary. The Court also had to determine the appropriate orders regarding costs and the conduct of any new trial.

The Court of Appeal, comprising Beazley, Giles, and Santow JJA, found that the verdicts for compensatory and aggravated damages were indeed excessive and set them aside. While the Court did not find grounds to interfere with the finding of liability, it concluded that the quantum of damages awarded by the trial judge was not supported by the evidence. Consequently, the Court ordered new trials limited to the assessment of damages. The Court also made specific directions regarding the conduct of the new trials, including the potential for evidence to be read from notes, and made detailed orders concerning the costs of the appeal, cross-appeal, and the original trial.