New South Wales Supreme Court CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 571 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 22 June 2000 JUDGMENT DATE : 22 June 2000 JOHN MARSDEN (Plaintiff) PARTIES : v AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J at 1 I Barker Q.C. M R Hall (Plaintiff) COUNSEL : R Stitt Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : On application for adjournment - observations in respect of the point of trial and defendant's "reservation" of its position as to further cross-examination - T7601 DECISION : See paragraph 7 DLJT: 178 (Ex Tempore - Revised) [2000] NSWSC 571 THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996 JUSTICE DAVID LEVINE THURSDAY 22 JUNE 2000 JOHN MARSDEN (Plaintiff) v AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (On application for adjournment - observations in respect of the point of trial and defendant's " reservation " of its position as to further cross-examination - T7601) 1 HIS HONOUR: The cross-examination of Mr Marsden has just completed and an application has been made to adjourn re-examination until 2 o'clock today. 2 To put it as neutrally as possible, the defendant's position is, having completed the cross-examination of the plaintiff, that there remains outstanding a subject matter for cross-examination which can be described as "the Elomari tapes". 3 I do not propose to rehearse the history of my dealing with "the Elomari tapes" subject matter: it is set out in paragraph 8 of my judgment of 20 June 2000 (NSWSC 559: DLJT 176), in which I granted a request by the defendant for a direction to the Chief Executive Officer to produce certain files to the Court. Nor do I propose to rehearse my understanding of matters the subject of an Amended Summons for Leave to Appeal in the Court of Appeal which was stood over to a date to be fixed by that Court on 16 June. 4 The present position in my Court is that the plaintiff's cross-examination has concluded and it is to be taken that it has concluded on all matters available for cross-examination arising from evidence in the trial over which I have been presiding. That state of affairs, as far as I am presently concerned, is the end of the matter. 5 However, it must be made clear in the light of the several occasions on which Mr Stitt sought to "reserve" or "preserve" his position, and certain observations in the transcript of the proceedings in the Court of Appeal last Friday, that in appropriate circumstances and at an appropriate time, I will not do otherwise than what is proper for me to do, namely, entertain any application the defendant makes. 6 This present trial has a present structure which, until either I change it or it is changed by virtue of an authoritative and binding result from another Court, will continue to the conclusion of the evidence, submissions and to judgment. 7 I grant the plaintiff's application to adjourn until 2 o'clock to enable preparation for re-examination. *********** Last Modified: 09/26/2000 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.