Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: The second bundle will be admitted as Exhibit CB. It is material on which the plaintiff proposes to rely to defeat the defence of qualified privilege.

I note the plaintiff's " assertion " at the time of the tender, and I stress the word " assertion " that it was material available to the defendant in relation to a person who appeared on both programs, and in the context of the first programme having been published, proceedings had been instituted before the publication of the second program.