Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 260

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 260

The material for which privilege is claimed remains privileged as no basis has been established to lose that privilege due to the need for clarification of disclosed material.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Civil / Interlocutory Application (privilege Claim)
Outcome
Defendant's claim for privilege upheld
Legal Topics
Claim of Privilege, Production of Documents, Notice to Produce
Evidence Claim of Privilege Production of Documents Notice to Produce

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Civil / Interlocutory Application (privilege Claim)

Legal Issues

  1. 1 Whether the defendant is entitled to claim privilege over the unredacted portions of a document produced in response to a Notice to Produce

Ratio Decidendi

The material for which privilege is claimed remains privileged as no basis has been established to lose that privilege due to the need for clarification of disclosed material.

Court Disposition

Defendant's claim for privilege upheld

Orders

  • Application by the defendant to sustain privilege as to the balance of the document produced on call is upheld.