Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 66

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 66

Because the proceeding was an interlocutory application limited to whether the defendant should be precluded from inspecting a document on the basis of privilege, cross-examination of the plaintiff's solicitor could not be used to range over matters relevant to issues in the trial; the impugned question was beyond the ambit of the application and was rejected.

Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Defamation Proceedings / Interlocutory Application Concerning Inspection of a Document Asserted to Be Privileged and Objection to Cross Examination
Outcome
Objection upheld; the question was rejected.
Legal Topics
['interlocutory Application' 'cross Examination' 'inspection of Documents' 'privilege' 'court Control of Proceedings']
['defamation' 'evidence' 'civil Procedure' 'legal Professional Privilege'] ['interlocutory Application' 'cross Examination' 'inspection of Documents' 'privilege' 'court Control of Proceedings']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Application Concerning Inspection of a Document Asserted to Be Privileged and Objection to Cross Examination

Legal Issues

  1. 1 ["Whether, in an interlocutory application to preclude inspection of a document on the basis of privilege, the defendant could cross-examine the plaintiff's solicitor at large beyond the issues in the application." 'Whether the question "Would you regard it as acceptable to persuade a witness to change his evidence" should be allowed in cross-examination.']

Ratio Decidendi

Because the proceeding was an interlocutory application limited to whether the defendant should be precluded from inspecting a document on the basis of privilege, cross-examination of the plaintiff's solicitor could not be used to range over matters relevant to issues in the trial; the impugned question was beyond the ambit of the application and was rejected.

Court Disposition

Objection upheld; the question was rejected.

Orders

  • ['The question is rejected.']