Marsden v Amalgamated Television Services Pty Limited

[1999] NSWSC 1306

CITATION:

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1306

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

20223 of 1995; 20592 of 1996

HEARING DATE(S):

14 December 1999

JUDGMENT DATE:

14 December 1999

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J

COUNSEL :	M Hall (Plaintiff) W H Nicholas Q.C. J S Wheelhouse (Defendant)
SOLICITORS:	Marsdens (Plaintiff) Mallesons Stephen Jaques (Defendant)
CATCHWORDS:	On admissibility of document number 51 - T3338
DECISION:	See paragraph 2

DLJT: 76
(Ex Tempore - Revised)

THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

TUESDAY 14 DECEMBER 1999

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
ACN 000 145 246
(Defendant)


JUDGMENT (On admissibility of document number 51 - T3338)

1    HIS HONOUR: Document 51 is a publication by the publishers of The Sydney Morning Herald dated 25 January 1997 in its News Review section, by Robyn Oliver and headed “Why Jana Went: Bearing Witness”. On its face the journalist for that publisher attributes to Ms Wendt the words in the last paragraph of the piece, “What did we get right? A Paedophilia story by Graham Davis …” 2    I cannot see how this document would be admissible as evidence against the defendant of its conduct, when I am not persuaded that it is admissible as to the truth of its contents. It will be marked for identification 51.

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Last Modified: 06/26/2000