Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 579

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 579 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 23 June 2000 JUDGMENT DATE : 27 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 : Tender of MFI 240 - "long" statutory declaration of plaintiff dated 25 November 1998 - Exhibit 21 John Maynard statutory declaration 29 July 1996 - T7620 DECISION : See paragraph 6

DLJT: 180 CAV [2000] NSWSC 579

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

JUSTICE DAVID LEVINE

TUESDAY 27 JUNE 2000

JOHN MARSDEN (Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (Tender of MFI 240 - " long " statutory declaration of plaintiff dated 25 November 1998 - Exhibit 21 John Maynard statutory declaration 29 July 1996 - T7620) 1 During re-examination Mr Marsden was questioned in relation to Exhibit 21, the statutory declaration of John Maynard sworn 29 July 1996. That exhibit, in its paragraph 6, contains the statement "over that period and over the period since, that friendship was not of a sexual nature". The evidence of John Maynard in relation to this statutory declaration commences at T3772 (9 February 2000). 2 Mr Marsden was cross-examined at length in relation to his knowledge of the falsity of the statement extracted from the John Maynard declaration and at T6879 commenced the following exchange: "Q. That statutory declaration was signed by John Maynard a day or so after he had come back from the snow with you at Perisher, wasn't it? A. Yes.