Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 267

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 267

FILE NUMBER(S):

SC 20223 of 1995; 20592 of 1996

HEARING DATE(S):

02/03/00

JUDGMENT DATE:

6 April 2000

PARTIES :

JOHN MARSDEN

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED

JUDGMENT OF:

Levine J at 1

COUNSEL :	M R Hall (Plaintiff) S Corry (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Messrs Coode and Corry (Defendant)
CATCHWORDS:	On claim for privilege - Corry subpoena - Elomari.
DECISION:	See paragraph 6.

DLJT: 133
[2000] NSWSC 267

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

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

THURSDAY 6 APRIL 2000

JOHN MARSDEN
(Plaintiff)

v

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

JUDGMENT: (On claim for privilege - Corry subpoena - Elomari)
1    A subpoena was issued on behalf of the plaintiff and served upon Mr Stephen Corry a solicitor of Penrith calling for the production to the Court of what I will describe as “Elomari” documents. 2    By affidavit sworn the 2nd of March Mr Corry asserts a claim for legal professional privilege on behalf of his client, Stephen Said Elomari. 3    Of the five separate bundles produced to the Court, inspection has been granted to the envelopes marked C and D. 4    In paragraphs 5 and 6 of his affidavit Mr Corry asserts the bases of the privilege expressly maintained by his client. 5    In accordance with the practice that has evolved in the course of this litigation I have inspected the contents of the three envelopes A, B and E. 6    The consideration took some time in view of the bulk of documents and view of the evidence in fact given by Mr Elomari. The conclusion to which I have come however is that the claim asserted by Mr Corry is established and accordingly the order will be that inspection of the documents in envelopes A, B and E is refused. They will retained by the Court until further order in Exhibit Office packet No. 290 which will be marked privilege not to be opened until further order.

Last Modified: 09/25/2000