Marsden v Amalgamated Television Services Pty Limited
[2000] NSWSC 121
•6 March 2000
NEW SOUTH WALES SUPREME COURT
CITATION: Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 121
CURRENT JURISDICTION: Common Law
FILE NUMBER(S): 20223 of 1995; 20592 of 1996
HEARING DATE{S): 6 March 2000
JUDGMENT DATE: 06/03/2000
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:
On claim of privilege by Ms Brenda Duchen in respect of components of client file - T4457
ACTS CITED:
DECISION:
See paragraph 3 & 4
JUDGMENT:
DLJT: 107
(Ex Tempore - Revised)
[2000] NSWSC 121THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LISTNo. 20223 of 1995
No. 20592 of 1996JUSTICE DAVID LEVINE
MONDAY 6 MARCH 2000
JOHN MARSDEN
(Plaintiff)v
AMALGAMATED TELEVISION SERVICES PTY LIMITED
ACN 000 145 246
(Defendant)JUDGMENT (On claim of privilege by Ms Brenda Duchen in respect of components of client file - T4457)
HIS HONOUR: A subpoena was served on Ms Brenda Duchen, solicitor, by the solicitors for the plaintiff on 16 February 2000.
Access has been granted to the material produced by Ms Duchen. However, by letter dated 24 February 2000, Miss Duchen advised that privilege had not been waived by her three relevant clients and three documents have been isolated by her as material in respect of which she particularly asserts non waiver.
The documents, on my perusal of them, appear clearly to record legal advice, and I will decline inspection.
The documents will be retained and kept in a confidential, sealed envelope.
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LAST UPDATED: 13/03/2000
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