Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 404

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 404 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 16 May 2000 JUDGMENT DATE : 16 May 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 : W H Nicholas Q.C. R Stitt Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : Directions as to any further application for a pseudonym: T6143 DECISION : See paragraph 9

DLJT: 148 (Ex Tempore - Revised) [2000] NSWSC 404

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996

JUSTICE DAVID LEVINE

TUESDAY 16 MAY 2000

JOHN MARSDEN (Plaintiff)

v

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

DIRECTIONS (As to any further application for a pseudonym: T6143)

1 HIS HONOUR: On Monday 15 May 2000, yesterday, at the commencement of proceedings I delivered a judgment (DLJT: 146 NSWSC 401) in relation to an application by a witness that he give his evidence under a pseudonym. That application was declined for the reasons set out in my judgment. 2 The extraordinary circumstances attending the making of the application are referred to in paragraph 2 where mention is made of the witness making the application literally as he walked into the courtroom at about 11.30 on Friday of last week. 3 Evidence was received during the course of that application, and oral evidence given, and it was based upon that material that I came to the conclusion that I did for the reasons that were stated. 4 The defendant now seeks to call a police officer in respect of an area referred to in the judgment in terms of my not being persuaded on all the evidence in the witness's application as to a certain state of affairs existing. 5 In my view, there are several courses open consequent upon my delivery of the interlocutory judgment on the 15th.