Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 87

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 87

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

SC 20223 of 1995; 20592 of 1996

HEARING DATE(S):

24 February 2000

JUDGMENT DATE:

24 February 2000

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J

COUNSEL :	I Barker Q.C. M Hall (Plaintiff) R Stitt Q.C. J S Wheelhouse (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Mallesons Stephen Jaques (Defendant)
CATCHWORDS:	On application by defendant to access to documents over which privilege had been claimed - T4268
DECISION:	See paragraph 3

- 2 -

DLJT: 100
(Ex Tempore - Revised)
[2000] NSWSC 87

THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

THURSDAY 24 FEBRUARY 2000

JOHN MARSDEN
(Plaintiff)

v

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


JUDGMENT (On application by Defendant to access to documents over which privilege had been claimed - T4268)

1    HIS HONOUR: On 18 February, in a short ruling NSWSC 68: DLJT: 94, I upheld a claim for privilege in relation to what are there described as the "Gulley" documents. 2    Mr Gulley has been called by the defendant and has given evidence in relation to what I will describe as transactions or events that took place involving himself, Mr Pearce, the plaintiff, Mr Quail and Mr Angus. Various exhibits have been tendered by the defendant as part of its case in the second category to which I referred in my first ruling of today (NSWSC 86: DLJT: 99). 3    The privilege, as I see it, is not advanced as that of Mr Marsden. That which was protected by my earlier ruling, was the privilege of the client of Mr Gulley, Mr Pearce. Whilst noting Mr Stitt's submissions that it has been waived, in the context of the structure of evidence led in-chief and the manner of cross-examination, nothing has occurred, which to me, constitutes a waiver of that privilege, and I decline the application for access.

***********

Last Modified: 09/25/2000