AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN [1997] NSWCA 16

AMALGAMATED TELEVISION SERVICES PTY LIMITED v MARSDEN

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA and STUDDERT AJA 24 March 1997

[1997] NSWCA 16

Sheller JA. There are two summons before the Court for leave to appeal. CA 40004/97 which seeks leave to appeal in common law matter 20223/95 and CA 40005/97 which seeks leave to appeal in common law matter 20592/96.

In the second of those matters an order is sought granting the defendant in the proceedings leave to appeal against part of a decision of Levine J given on 17 December 1996 in which his Honour made five orders which are set out. The Court is of the opinion that leave to appeal should be granted in respect of the first two of those orders, that is to say paragraphs A and B in the claimant'sclaim and that leave should not be granted in respect of the remaining three orders C, D and E.

It is not the practice of the Court to give reasons in these matters in every case and in this case I do not think it appropriate or necessary to give any reasons for that decision.

In CA 40004/97 an order is sought granting leave to appeal against that part of the decision given on 17 December in which his Honour made four orders that are set out, being A, B, C and D. In that matter the Court is of the opinion that leave should be granted to appeal in respect of the order (A) and that leave should be refused in respect of the other three matters B, C and D. Again the Court does not propose to give reasons.

Accordingly in respect of matter CA 40005/97 the claimant is granted leave to appeal against that part of the decision of Levine J given on 17 December 1996 in which his Honour ordered that (a) imputations G and H will go to the jury and (b) contextual imputation 3A(v) be struck out. The costs of the application will be costs in the appeal.