Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 146

NEW SOUTH WALES SUPREME COURT

CITATION:     Marsden v Amalgamated Television Services Pty Limited [2000]  NSWSC 146

CURRENT JURISDICTION:           Common Law

FILE NUMBER(S):   20223 of 1995; 20592 of 1996

HEARING DATE{S):           13 March 2000

JUDGMENT DATE:            13/03/2000

PARTIES:
JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:      Levine J     

LOWER COURT JURISDICTION: Not Applicable

LOWER COURT FILE NUMBER(S):       Not Applicable

LOWER COURT JUDICIAL OFFICER:     Not Applicable

COUNSEL:
I Barker Q.C.
M R Hall
(Plaintiff)

W H Nicholas Q.C.
R Stitt Q.C.
J S Wheelhouse
(Defendant)

SOLICITORS:
Phillips Fox
(Plaintiff)

Mallesons Stephen Jaques
(Defendant)

CATCHWORDS:
Regarding Plaintiff's subpoena to the Police Service of 9 March 2000 in connection with unedited documents - T4751

ACTS CITED:

DECISION:
See paragraph 4

JUDGMENT:

DLJT:  112
(Ex Tempore - Revised)
[2000] NSWSC 146

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

No.  20223 of 1995
No.  20592 of 1996

JUSTICE DAVID LEVINE

MONDAY 13 MARCH 2000

JOHN MARSDEN
(Plaintiff)

v

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

JUDGMENT  (Regarding plaintiff's subpoena to the Police Service of 9 March 2000 in connection with unedited documents - T4751)

1. HIS HONOUR:  On 9 March 2000 the solicitors for the plaintiff served a subpoena on the Police Service.  That subpoena sought three specific documents in an unedited form. Inspection of the edited documents has taken place.

2. By affidavit sworn 9 March, Deputy Commissioner Moroney advanced a claim for public interest immunity.  In the usual way a confidential affidavit has been sworn by another officer, to which is annexed some confidential exhibits.  I have had regard to the contents of the confidential material.

3. That which the Police Service asserts to be excluded from production falls clearly within an accepted class of material protected by public interest immunity.  The plaintiff, conformably with usual practice and the nature of the  Commissioner's claim, made no submissions in support of access and in opposition to the claim.

4. I decline to make any order for costs of the Commissioner, in accordance with the rather confused form of Notice of Motion filed in connection with this application. The only order I make is to decline inspection.  The documents produced are returned immediately to the Commissioner.

   ***********

LAST UPDATED:    16/03/2000