Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 402

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 402

The tendered document has virtually zero probative value regarding deliberate abuse of power and no rational basis for eliminating privilege under s 125 has been laid. Therefore, the Court exercises its discretion to exclude the evidence under s 135 of the Evidence Act.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Defamation / Interlocutory Ruling on Admissibility of Evidence
Outcome
Tender rejected
Legal Topics
['admissibility of Evidence' 'legal Professional Privilege' 'abuse of Power']
['evidence'] ['admissibility of Evidence' 'legal Professional Privilege' 'abuse of Power']

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Procedural Posture

Defamation / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether the tendered undertaking affects the plaintiff's legal privilege under s 125 of the Evidence Act 1995 (NSW)" 'Whether s 55 of the Evidence Act precludes tender affecting the probability of the existence of deliberate abuse of power']

Ratio Decidendi

The tendered document has virtually zero probative value regarding deliberate abuse of power and no rational basis for eliminating privilege under s 125 has been laid. Therefore, the Court exercises its discretion to exclude the evidence under s 135 of the Evidence Act.

Court Disposition

Tender rejected

Orders

  • ["The tender of the plaintiff's undertaking is rejected."]