Marsden v Amalgamated Television Services Pty Limited

[2000] NSWSC 120

CITATION:

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 120

CURRENT JURISDICTION:

Common Law

FILE NUMBER(S):

SC 20223 of 1995; 20592 of 1996

HEARING DATE(S):

6 March 2000

JUDGMENT DATE:

6 March 2000

PARTIES :

JOHN MARSDEN
(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED
(Defendant)

JUDGMENT OF:

Levine J

COUNSEL :	I Barker Q.C. M R Hall (Plaintiff) R Stitt Q.C. J S Wheelhouse (Defendant)
SOLICITORS:	Phillips Fox (Plaintiff) Mallesons Stephen Jaques (Defendant)
CATCHWORDS:	On Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456
DECISION:	See paragraph 4 & 5

DLJT: 106
(Ex Tempore - Revised)
[2000] NSWSC 120

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

No. 20223 of 1995
No. 20592 of 1996

JUSTICE DAVID LEVINE

MONDAY 6 MARCH 2000

JOHN MARSDEN
(Plaintiff)

v

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


JUDGMENT (On Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456)

1    HIS HONOUR: A subpoena was issued by the solicitors for the plaintiff on 3 February 2000 directed to the proper officer of the New South Wales Police Service. 2    Documents caught by the subpoena, but in an edited version, were the subject of a ruling by me on 2 March 2000 (NSWSC 112: DLJT 105). 3    An application founded upon public interest immunity has been made on behalf of the Police Service and I have read an affidavit filed in court of Deputy Commissioner Moroney sworn on 3 March 2000, to which there are two confidential exhibits. I have read those confidential exhibits. 4    I uphold the claim for public interest immunity, as it rests in one of the accepted categories thereof. 5    Inspection of the documents is refused and the confidential exhibits to Mr Moroney's affidavit will forthwith be returned.

***********

Last Modified: 09/25/2000