Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 68

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 68

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:	Claim for privilege - the 'Gulley' documents
DECISION:	See paragraph 3

DLJT: 94
(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 (Claim for privilege - the “Gulley” documents)

1    HIS HONOUR: In relation to the documents described as the "Gulley" documents, these were produced in response to a subpoena issued by the defendant on 10 February 2000. The bulk of the material has been made available for access to the parties and it is in two grey folders which will be further available to the parties. 2    At my request Mr Gulley transcribed manuscript documents to make them legible. I have considered those documents and have concluded that they fall within each category of legal professional privilege; namely, what I would call the legal advice category and documents prepared for the purposes of current litigation. 3    I uphold the claim for privilege and the envelope will be sealed and marked for identification 97, and will be returned to Mr Gulley.

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Last Modified: 09/25/2000