Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 194

New South Wales Supreme Court CITATION : Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 194 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 22 - 25 February 1999 JUDGMENT DATE : 24 February 1999

JOHN MARSDEN (Plaintiff)

PARTIES : v

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

I Barker Q.C. G O'L Reynolds S.C. R G McHugh (Plaintiff) COUNSEL : W H Nicholas Q.C. J S Wheelhouse R Titterton (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jacques (Defendant) CATCHWORDS : On application for directions to jury - see page 57 of transcript DECISION : See paragraph 3

DLJT: 16a (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

WEDNESDAY 24 FEBRUARY 1999

JOHN MARSDEN (Plaintiff)

v

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

JUDGMENT (On application for directions to the jury- see page 57 of transcript) 1 HIS HONOUR: Address by counsel concluded shortly after 4pm yesterday afternoon. I had earlier ruled that the usual course and order of addresses would apply and thus plaintiff's counsel would not have what was then sought, namely a right of reply to the jury (DLJT: 12 19 February 1999) 2 A document has been prepared by Mr Reynolds S.C. for the plaintiff setting out 17 directions sought by the plaintiff following Mr Nicholas' address to the jury. Whilst not seeking to avoid addressing the 17 points, the discussion between Mr Reynolds and Mr Nicholas and myself on the record will indicate that each of the matters has generally been confronted and I have indicated, where I considered it appropriate, that I would give specific directions. Thus I do not propose to lose time at this stage in dealing with them one by one. 3 The plaintiff has the benefit of having made the application for the directions and I invite him and his counsel and the defendant and its counsel to listen to my summing-up. **********