Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 262
The court ruled that most documents in question remain protected by legal professional privilege, but certain specified documents or parts of documents are not privileged and must be provided to the defendant.
- Parties
- Plaintiff: John Marsden; Defendant: Amalgamated Television Services Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 26 March 1999
- Procedural Posture
- Civil / Interlocutory Application Regarding Claim of Legal Professional Privilege
- Outcome
- Application granted in part
- Legal Topics
- Legal Professional Privilege, Subpoena for Production, Inspection of Documents
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Marsden
Plaintiff
Amalgamated Television Services Pty Limited
Defendant
Procedural Posture
Civil / Interlocutory Application Regarding Claim of Legal Professional Privilege
Legal Issues
- 1 Whether certain documents produced by Dr Dent under subpoena are protected by legal professional privilege
- 2 Whether the defendant is entitled to access specific documents despite the claim of privilege
Ratio Decidendi
The court ruled that most documents in question remain protected by legal professional privilege, but certain specified documents or parts of documents are not privileged and must be provided to the defendant.
Court Disposition
Application granted in part
Orders
- Bulk of the documents in folder RWP 1 are presently protected by legal professional privilege.
- Defendant is entitled to access: last page of document 1 comprising handwritten notes; document 3B in the edited form already produced; first page of document 6 to the extent of handwritten notes; document 8.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment