Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1172

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1172

The post-publication diaries of Greg Quail, except for masked irrelevant/personal entries, do not constitute confidential documents nor privileged communications, and accordingly, the plaintiff is entitled to inspect the unmasked portions.

Parties
Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Application for Inspection of Documents / Interlocutory
Outcome
Application for inspection order allowed, subject to stay pending determination of discretionary refusal.
Legal Topics
Discovery of Documents, Inspection of Documents, Privilege, Confidentiality
Civil Procedure Discovery of Documents Inspection of Documents Privilege Confidentiality

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Parties

John Marsden

Plaintiff

Amalgamated Television Services Pty Limited

Defendant

Procedural Posture

Application for Inspection of Documents / Interlocutory

Legal Issues

  1. 1 Whether the post-publication diaries of Mr Quail are subject to inspection by the plaintiff
  2. 2 Whether entries in the diaries are confidential or privileged

Ratio Decidendi

The post-publication diaries of Greg Quail, except for masked irrelevant/personal entries, do not constitute confidential documents nor privileged communications, and accordingly, the plaintiff is entitled to inspect the unmasked portions.

Court Disposition

Application for inspection order allowed, subject to stay pending determination of discretionary refusal.

Orders

  • The application for an inspection order in respect of the post-publication diaries of Greg Quail is allowed.
  • Order 1 is stayed until further order upon determination of any discretionary refusal application.