Amalgamated Television Services v Marsden [1999] NSWCA 312

Amalgamated Television Services v Marsden [1999] NSWCA 312

The Court found that the primary judge had properly weighed the relevant factors, including after personal inspection of the documents, and that there was no error warranting interference with discretion; leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
17 August 1999
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against Discretionary Interlocutory Order
Outcome
Summons dismissed with costs.
Legal Topics
['interlocutory Orders' 'leave to Appeal' 'inspection of Subpoenaed Documents']
['civil Procedure'] ['interlocutory Orders' 'leave to Appeal' 'inspection of Subpoenaed Documents']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against Discretionary Interlocutory Order

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in respect of a discretionary interlocutory order concerning inspection of documents produced on subpoena by a third party']

Ratio Decidendi

The Court found that the primary judge had properly weighed the relevant factors, including after personal inspection of the documents, and that there was no error warranting interference with discretion; leave to appeal was therefore refused.

Court Disposition

Summons dismissed with costs.

Orders

  • ['Summons dismissed with costs.']