Marsden v Amalgamated Television Services [2000] NSWSC 23

Marsden v Amalgamated Television Services [2000] NSWSC 23

Privilege had been waived over the source documents by virtue of their use and disclosure in evidence and provision to third parties, and accordingly access to the relevant documents must be granted except for those not forming part of the source material.

Jurisdiction
Australia
Judgment Date
02 February 2000
Procedural Posture
Application / Interlocutory Application to Preclude Access on the Basis of Witness Privilege
Outcome
Application dismissed in part; access granted to source documents; some bundles marked for identification and withheld.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'inspection of Documents']
['evidence' 'defamation'] ['legal Professional Privilege' 'waiver of Privilege' 'inspection of Documents']

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Procedural Posture

Application / Interlocutory Application to Preclude Access on the Basis of Witness Privilege

Legal Issues

  1. 1 ['Whether access to documents produced under subpoena should be precluded on the basis of privilege' 'Whether privilege over the documents has been waived']

Ratio Decidendi

Privilege had been waived over the source documents by virtue of their use and disclosure in evidence and provision to third parties, and accordingly access to the relevant documents must be granted except for those not forming part of the source material.

Court Disposition

Application dismissed in part; access granted to source documents; some bundles marked for identification and withheld.

Orders

  • ["Parties have access to exhibits 1 and A on the application, remaining parts of Duncan & King files 96103 part 1 and 96103 part 2, a blue folder headed 'Duncan & King Investigations Computer Records', a bundle of documents headed 'Prince Henry Hospital', and an envelope containing photographic negatives." 'Three...