Amalgamated Television Services Pty Ltd v Marsden

This matter concerned an appeal by Amalgamated Television Services Pty Ltd against findings made in a defamation proceeding brought by Mr Marsden. The appeal raised several issues, including the reliability of identification evidence in civil trials and the application of principles concerning corroboration.

The primary legal issues before the court were whether the trial judge had applied the correct principles in assessing identification evidence, particularly in relation to its reliability rather than solely as a matter of credit, and whether the principles regarding corroboration, often considered in criminal law, were appropriately applied or considered in the civil context of this defamation case. The court also considered the standard of proof applicable to grave allegations in civil proceedings.

The court reasoned that the reliability of identification evidence is a crucial consideration in both criminal and civil trials, irrespective of whether the witness is honest. It affirmed that the principles derived from criminal law concerning the potential unreliability of identification evidence, such as those outlined in *Domican v R* and recognised by s 165 of the *Evidence Act 1995* (NSW), are equally applicable to civil proceedings, subject to the civil standard of proof. The court rejected the appellant's challenge to the trial judge's findings on identification evidence, finding no error in the principles applied. Regarding corroboration, the court noted that while s 164(1) of the *Evidence Act* does not mandate corroboration in New South Wales, a trial judge must still give due weight to uncorroborated evidence and consider its absence, especially when grave allegations are made, to avoid a miscarriage of justice, as indicated by principles from cases like *R v Longman*.

The court made no substantive orders at that time, with the matter being stood over for mention.