Marsden v Amalgamated Television Services Pty Limited

[1999] NSWSC 162

CITATION:

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 162

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

20223 of 1995; 20592 of 1996

HEARING DATE(S):

2 March 1999

JUDGMENT DATE:

2 March 1999

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J

COUNSEL :	R G McHugh (Plaintiff) J S Wheelhouse (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Mallesons Stephen Jacques (Defendant)
CATCHWORDS:	Defendant's Notice to Produce to Plaintiff dated 1 March 1999 - T119
DECISION:	See paragraph 5

- 2 -

DLJT: 19
(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

TUESDAY 2 MARCH 1999

JOHN MARSDEN
(Plaintiff)

v

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

JUDGMENT (Defendant’s Notice to Produce to Plaintiff dated 1 March 1999 - T119)

1 HIS HONOUR: A Notice to Produce dated 1 March 1999 was served by the defendant on the plaintiff on that day requiring the production at Court today, 2 March, at 2.00pm of the following: "All documents relating to a...allegation made against the plaintiff".
2 The plaintiff moves to set aside the Notice to Produce.
3 One ground of objection to my mind having safely now been removed by the insertion of the time frame, I am not persuaded as to the additional basis of fishing.
4 The Notice to Produce is quite focused as to the time frame, as to the class of documents, as to the relevant parties; the maker of the document and the recipient of it, that is both parties to the communication, and in particular the conduct of the Police Service in relation to a particular person (D17). The "and/or" does not create a problem if one realistically views it as a substitute for a Notice to Produce in two paragraphs one relating to the Police and relating to the Ombudsman.
5 I decline to set the Notice to Produce aside and compliance with it will stand over until further order.

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