Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 44

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 44

The Notices to Produce served by the plaintiff are oppressive in their breadth, effectively amount to discovery, and are set aside except that, by reason of the content of paragraph 19 of Mr Angus' affidavits, privilege is waived as to the signed statements by D13 and D15, warranting specific discovery as ordered under SCR Pt 23 r 7.

Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Defamation / Interlocutory Application (notices to Produce)
Outcome
Notices to Produce set aside with exception; specific discovery ordered for two statements and related matters.
Legal Topics
['notices to Produce' 'legal Professional Privilege' 'amendment of Pleadings' 'discovery']
['defamation' 'civil Procedure'] ['notices to Produce' 'legal Professional Privilege' 'amendment of Pleadings' 'discovery']

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Procedural Posture

Defamation / Interlocutory Application (notices to Produce)

Legal Issues

  1. 1 ['Whether service of the Notices to Produce was proper or oppressive' 'Whether there has been a waiver of legal professional privilege by the defendant' 'Whether specific discovery should be ordered']

Ratio Decidendi

The Notices to Produce served by the plaintiff are oppressive in their breadth, effectively amount to discovery, and are set aside except that, by reason of the content of paragraph 19 of Mr Angus' affidavits, privilege is waived as to the signed statements by D13 and D15, warranting specific discovery as ordered under SCR Pt 23 r 7.

Court Disposition

Notices to Produce set aside with exception; specific discovery ordered for two statements and related matters.

Orders

  • ['1. Notices to Produce dated 4 and 5 February 1999 set aside.' '2. Defendant to make and serve affidavits in accordance with SCR Pt 23 r 7(a)-(b) addressing specified subject matters related to affidavits of Mr Angus and referenced letters.' "3. Defendant's solicitors to make available for inspection and copying...