NSW Caselaw
New South Wales Supreme Court
CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 630 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 4 July 2000 JUDGMENT DATE : 4 July 2000
JOHN MARSDEN (Plaintiff)
PARTIES : v
AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J at 1
M R Hall (Plaintiff)
COUNSEL : W H Nicholas Q.C. R Stitt Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : On admissibility of MFI 264 - provisional relevance - T7895 DECISION : See paragraph 6
DLJT: 183 (Ex Tempore - Revised) [2000] NSWSC 630
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996
JUSTICE DAVID LEVINE
TUESDAY 4 JULY 2000
JOHN MARSDEN (Plaintiff)
v
AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (On admissibility of MFI 264 - provisional relevance - T7895)
1 HIS HONOUR: MFI 264 is a document acknowledged by Mrs Kirk to be her document in the sense that it is a document prepared by her as Mr Marsden's programme. It is a document that contains an entry for Wednesday 1 April 1998 relating to Silverwater Gaol. 2 The document, at present, is incapable by itself on any rational basis, of proving anything more than it was Mr Marsden's programme for that day to include a visit to Silverwater Gaol. It is incapable of proving, one, that he went there and, two, that he went there to see and, there, in fact saw Mr Les Murphy. 3 Mrs Kirk has no independent recollection of any visit by Mr Marsden on 1 April 1998 to Mr Les Murphy at Silverwater Gaol. 4 What has already become exhibit 238, what I will call a Mrs Kirk telephone message entry, is one relating to a call from Mr Murphy from Silverwater requesting assistance from the plaintiff. 5 The document, MFI 264, I am informed by Mr Stitt, is likely to enjoy a relevant evidentiary status, as I understand it, upon further cross-examination and in the light of material to come. 6 On that basis, it will be provisionally admitted under s 57 of the Evidence Act and marked as exhibit 239. ***********
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