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[2000] NSWSC 571

Marsden v Amalgamated Television Services Pty Limited

See paragraph 7

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

Judgment

  1. [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. [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. [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. [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. [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. [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. [7]

    I grant the plaintiff's application to adjourn until 2 o'clock to enable preparation for re-examination.

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.