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. *********** 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.