New South Wales Supreme Court CITATION : Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1306 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 14 December 1999 JUDGMENT DATE : 14 December 1999 JOHN MARSDEN (Plaintiff) PARTIES : v AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J M Hall (Plaintiff) COUNSEL : W H Nicholas Q.C. J S Wheelhouse (Defendant) Marsdens (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : On admissibility of document number 51 - T3338 DECISION : See paragraph 2 DLJT: 76 (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 TUESDAY 14 DECEMBER 1999 JOHN MARSDEN (Plaintiff) v AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (On admissibility of document number 51 - T3338) 1 HIS HONOUR: Document 51 is a publication by the publishers of The Sydney Morning Herald dated 25 January 1997 in its News Review section, by Robyn Oliver and headed "Why Jana Went: Bearing Witness". On its face the journalist for that publisher attributes to Ms Wendt the words in the last paragraph of the piece, "What did we get right? A Paedophilia story by Graham Davis …" 2 I cannot see how this document would be admissible as evidence against the defendant of its conduct, when I am not persuaded that it is admissible as to the truth of its contents. It will be marked for identification 51. *********** Last Modified: 06/26/2000 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.