Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 267

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 267

The Court found that the claim of privilege asserted by Mr Corry on behalf of Stephen Said Elomari was established with respect to the documents in envelopes A, B, and E, and accordingly refused inspection of those documents.

Jurisdiction
Australia
Judgment Date
06 April 2000
Procedural Posture
Defamation / Interlocutory Decision on Claim for Legal Professional Privilege in Response to Subpoena
Outcome
Inspection of documents refused as privileged; documents to be retained by Court until further order.
Legal Topics
['legal Professional Privilege' 'subpoena Duces Tecum' 'inspection of Documents']
['defamation' 'evidence'] ['legal Professional Privilege' 'subpoena Duces Tecum' 'inspection of Documents']

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 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Interlocutory Decision on Claim for Legal Professional Privilege in Response to Subpoena

Legal Issues

  1. 1 ['Whether legal professional privilege attaches to documents produced under subpoena by solicitor on behalf of a non-party client']

Ratio Decidendi

The Court found that the claim of privilege asserted by Mr Corry on behalf of Stephen Said Elomari was established with respect to the documents in envelopes A, B, and E, and accordingly refused inspection of those documents.

Court Disposition

Inspection of documents refused as privileged; documents to be retained by Court until further order.

Orders

  • ['Inspection of documents in envelopes A, B, and E is refused.' 'Documents to be retained by the Court in Exhibit Office packet No. 290, marked privilege, not to be opened until further order.']