Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 67

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 67

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

SC 20223 of 1995; 20592 of 1996

HEARING DATE(S):

18 February 2000

JUDGMENT DATE:

18 February 2000

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J

COUNSEL :	M Hall (Plaintiff) R Stitt Q.C. (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Mallesons Stephen Jaques (Defendant)
CATCHWORDS:	Claims for privilege - "Elomari" document - T4114
DECISION:	See paragraph 3

DLJT: 93

(Ex Tempore - Revised)

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

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

FRIDAY 18 FEBRUARY 2000

JOHN MARSDEN
(Plaintiff)

v

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

JUDGMENT (Claims for privilege - “ Elomari” document - T4114)

1    HIS HONOUR: In relation to what I will call the Elomari document, the subject of the claim for privilege, as was quite rightly pointed out by Mr Stitt, no evidence was admitted before me as to the circumstances in which this document came into existence. 2    I have examined the document by consent: it discloses nothing pointing to it falling within that category of legal professional privilege concerned about with the provision of legal advice. However, it is clear that it exists with a dominant, if not sole purpose for the conduct of the litigation, and upon considering it I propose to uphold the claim for privilege and do so. 3    The document will be marked for identification 96 and returned to Mr Hall.

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Last Modified: 09/25/2000