Amalgamated Television Services Pty Ltd v Marsden [1999] NSWCA 97

Amalgamated Television Services Pty Ltd v Marsden [1999] NSWCA 97

Provision of documents by respondent's solicitors to Police was not a confidential communication within Evidence Act 1995 s 117(1), and therefore client legal privilege was lost under s 122(2)(a), entitling appellant and its legal advisers to inspect specific documents listed in schedules to the affidavit of Michael Lee.

Jurisdiction
Australia
Judgment Date
15 April 1999
Procedural Posture
Appeal / Interlocutory Appeal From Orders Restricting Document Inspection
Outcome
Appeal upheld
Legal Topics
['client Legal Privilege' 'confidential Communication' 'public Interest Immunity' 'privileged Documents' 'evidence Act 1995 S 117, S 122']
['evidence' 'defamation' 'legal Professional Privilege'] ['client Legal Privilege' 'confidential Communication' 'public Interest Immunity' 'privileged Documents' 'evidence Act 1995 S 117, S 122']

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Procedural Posture

Appeal / Interlocutory Appeal From Orders Restricting Document Inspection

Legal Issues

  1. 1 ['Whether privileged documents lost client legal privilege upon provision to Police' 'Whether provision of documents was made in the course of a confidential communication under Evidence Act' 'Whether privilege was lost under s 122(2)(a) of Evidence Act 1995' 'Whether discretion as to privilege or access applied' "Whether certain documents had actually been delivered by respondent's solicitors to Police"]

Ratio Decidendi

Provision of documents by respondent's solicitors to Police was not a confidential communication within Evidence Act 1995 s 117(1), and therefore client legal privilege was lost under s 122(2)(a), entitling appellant and its legal advisers to inspect specific documents listed in schedules to the affidavit of Michael Lee.

Court Disposition

Appeal upheld

Orders

  • ['Leave granted to amend notice of appeal' 'Appeal upheld' 'Order 1 made by Levine J on 19 March 1999 varied to grant appellant and its legal advisers leave to inspect listed documents' 'Costs of appeal to be costs in proceedings in Common Law Division']