Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 266

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 266

The material in envelopes A and B is protected by privilege except some material in envelope B, which is not privileged vis-à-vis D20 and the plaintiff and will be available for inspection by the defendant.

Jurisdiction
Australia
Judgment Date
06 April 2000
Procedural Posture
Civil / Interlocutory Judgment on Claim for Privilege Regarding Subpoena
Outcome
Claim for privilege upheld in part
Legal Topics
['legal Professional Privilege' 'subpoena' 'forensic Purpose']

Case Brief

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Procedural Posture

Civil / Interlocutory Judgment on Claim for Privilege Regarding Subpoena

  1. 1 ['Whether material produced under subpoena is protected by legal professional privilege' 'Whether there is legitimate forensic purpose for subpoenaed documents']

Ratio Decidendi

The material in envelopes A and B is protected by privilege except some material in envelope B, which is not privileged vis-à-vis D20 and the plaintiff and will be available for inspection by the defendant.

Court Disposition

Claim for privilege upheld in part

Orders

  • ['Material in envelopes A and B marked privileged and not to be opened until further order' 'Some material in envelope B extracted and available for inspection by defendant' 'Question of costs or expenses reserved']