Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 564

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 564

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

SC 20223 of 1995; 20592 of 1996

HEARING DATE(S):

21 June 2000

JUDGMENT DATE:

22 June 2000

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J at 1

COUNSEL :	I Barker Q.C. M R Hall (Plaintiff) R Stitt Q.C. J S Wheelhouse (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Mallesons Stephen Jaques (Defendant)
CATCHWORDS:	Admissibility of MFI 121 - documents in relation to witness Jason Lilburn
DECISION:	See paragraphs 7 & 8

DLJT: 177
CAV
[2000] NSWSC 564

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

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

THURSDAY 22 JUNE 2000

JOHN MARSDEN
(Plaintiff)

v

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

JUDGMENT (Admissibility of MFI 121 - documents in relation to witness Jason Lilburn)

1    The evidence of Mr Lilburn came to an end in unusual circumstances. He was discharged by me on my own Motion (T4776.30). His cross-examination by Mr Barker Q.C. had not been completed. The documents comprising MFI 121 were so marked as documents then described (13 March 2000) as material that “would have been the subject of cross-examination”. 2    The folder of material contains a Schedule headed “LILBURN - DOCS HISTORY”. As now tendered the bundle is to be taken as not including the material in the first three categories. It commences with material relating to the enrolment of the witness at Corrimal High School in February 1988. 3    The Schedule itself I will regard as no more than by way of a “submission” document setting out what it is contended for the plaintiff the tendered material establishes. 4    Objection was taken to the tender on the basis of irrelevance. I am not persuaded that that basis is made out. The material now the subject of tender records information in relation to physical location of the witness at high schools, in relation to Court appearances and custody and the like. On this material he was not cross-examined. It is relevant however to the times and places in respect of which Mr Lilburn (D.O.B. 17 September 1975) gave evidence. 5    The evidence relates to the age of the witness at the time he says he first met the plaintiff, namely between 14 and 16 (T4539.52); the age at which he left high school, namely between the age of 14 and 15 (T4537.29) and, in general terms, when and where the witness was when engaged in soliciting for prostitution at Kings Cross. 6    The tendered material is relevant to the determination of questions relating to where and when the witness was, what he was doing and a correlation of those events with what he asserts Mr Marsden did. 7    I therefore propose to admit the tendered material save for so much of it as relates to the period referred to in the Schedule from 4 September 1986 to 18 December 1986. 8    MFI 121 will become Exhibit FF.

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Last Modified: 09/26/2000