Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 849

New South Wales Supreme Court CITATION : Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 849 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 19 August 1999 JUDGMENT DATE : 19 August 1999

JOHN MARSDEN (Plaintiff)

PARTIES : v

AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J

W H Nicholas Q.C. COUNSEL : J S Wheelhouse (Defendant) In Person (Plaintiff) SOLICITORS : Mallesons Stephen Jacques (Defendant) CATCHWORDS : Plaintiff's application for adjournment DECISION : Adjournment granted (see paragraphs 32 & 33)

DLJT: 47 (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

THURSDAY 19AUGUST 1999

JOHN MARSDEN (Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LTD (Defendant)

JUDGMENT (Plaintiff's application for adjournment)

1 HIS HONOUR: By a Notice of Motion, which I will grant leave to file in Court today, the plaintiff seeks the following orders: first, that the date fixed for the resumption of the trial of these proceedings be adjourned to 15 November 1999; second, that following evidence in chief and cross-examination of the plaintiff's witnesses on damage and following any evidence-in-chief of the plaintiff, that there be an adjournment of the trial until Monday 31 January 2000. 2 The present state of the fixtures in relation to this action is that on and from 18 October time is available for the disposition of any outstanding interlocutory matters. The resumption of the trial is presently fixed for 1 November. On its face, therefore, given that no application is made in relation to the period commencing 18 October, all that is at stake here is a two week adjournment of the trial. 3 The application is made by Mr Marsden in person. The circumstances in which that comes about can be summarised as consequential to Orders made on 18 August 1999, namely yesterday afternoon, by the Court of Appeal. Those orders were: "1. Subject to orders 2 and 3, grant leave to appeal.