Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 123

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 123

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

SC 20223 of 1995; 20592 of 1996

HEARING DATE(S):

6 March 2000

JUDGMENT DATE:

6 March 2000

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J

COUNSEL :	I Barker Q.C. M R Hall (Plaintiff) W H Nicholas Q.C. R Stitt Q.C. J S Wheelhouse (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Mallesons Stephen Jaques (Defendant)
CATCHWORDS:	On application to cross-examine unfavourable witness on certain topics - Evidence Act 1995 (NSW) s 38(1)(a) & (c) - T4481
LEGISLATION CITED:	Evidence Act 1995 (NSW)
DECISION:	See paragraph 3

DLJT: 109
(Ex Tempore - Revised)
[2000] NSWSC 123

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

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

MONDAY 6 MARCH 2000

JOHN MARSDEN
(Plaintiff)

v

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


JUDGMENT (On application to cross-examine unfavourable witness on certain topics - Evidence Act 1995 (NSW) s 38(1)(a) & (c) - T4481)

1 HIS HONOUR: An application has been made on behalf of the defendant pursuant to s 38 of the Evidence Act, following the ruling I gave admitting exhibit 70 (NSWSC 122: DLJT: 108). 2    The application is to cross-examine the present witness in addition to the right already existing, namely as to age and year, as to his never having had underage sex with the plaintiff, as to the "circumstances" of his coming forward and his motive for so doing and as to the "circumstances" of his recanting. The application now made is understood by me to be made under s 38(1)(a) and 38(1)(c), as to the latter by reference to the document described as the "Denham Court Statutory Declaration" and declarations admitted in the evidence of Mr Gulley. 3    Motive for coming forward and recanting must inevitably and inexorably involve the reasons therefor, which themselves must inevitably and inexorably involve the circumstances thereof. I will permit cross-examination on both.

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Last Modified: 09/25/2000