Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 195

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 195

In the circumstances, without deciding whether Mr Stevens had consented to disclosure as required by the regulation, the certificates produced under subpoena should be available for inspection by the legal advisers only at this stage for each side; if the document is sought to be deployed in evidence, non-disclosure of the contents of the certificates for the relevant year will be ordered unless the Court is persuaded otherwise.

Jurisdiction
Australia
Judgment Date
20 March 2000
Procedural Posture
Defamation Proceedings / Application for Inspection of Documents Produced Under Subpoena
Outcome
Limited inspection allowed by legal advisers only at this stage, with proposed non-disclosure of certificate contents if the document is sought to be deployed in evidence unless the Court is persuaded otherwise.
Legal Topics
['documents Under Subpoena' 'inspection of Subpoenaed Documents' 'confidentiality' 'education Records']
['civil Procedure' 'defamation' 'evidence'] ['documents Under Subpoena' 'inspection of Subpoenaed Documents' 'confidentiality' 'education Records']

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Procedural Posture

Defamation Proceedings / Application for Inspection of Documents Produced Under Subpoena

Legal Issues

  1. 1 ['Whether documents produced by the Board of Studies under subpoena in relation to Jason Stevens should be available for inspection despite confidentiality concerns under cl 5 of the Education Regulations 1996.' 'Whether access to the certificates should be limited to legal advisers only at this stage.']

Ratio Decidendi

In the circumstances, without deciding whether Mr Stevens had consented to disclosure as required by the regulation, the certificates produced under subpoena should be available for inspection by the legal advisers only at this stage for each side; if the document is sought to be deployed in evidence, non-disclosure of the contents of the certificates for the relevant year will be ordered unless the Court is persuaded otherwise.

Court Disposition

Limited inspection allowed by legal advisers only at this stage, with proposed non-disclosure of certificate contents if the document is sought to be deployed in evidence unless the Court is persuaded otherwise.

Orders

  • ['The certificates produced by the subpoenaed party be available for inspection by the legal advisers only at this stage for each side.' 'If the document is sought to be deployed in evidence, there be non-disclosure of the contents of the certificates for the relevant year unless the Court is persuaded otherwise.'...