Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 162

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 162

The Notice to Produce is sufficiently focused as to time frame, class of documents, and the relevant parties, with the issue of the time frame addressed and the 'fishing' objection not persuasive. The Notice is not set aside.

Jurisdiction
Australia
Judgment Date
02 March 1999
Procedural Posture
Defamation / Interlocutory Application—notice to Produce
Outcome
Notice to Produce not set aside; compliance stands over until further order
Legal Topics
['notice to Produce' 'production of Documents' 'interlocutory Applications']
['defamation'] ['notice to Produce' 'production of Documents' 'interlocutory Applications']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application—notice to Produce

Legal Issues

  1. 1 ["Whether the defendant's Notice to Produce served on 1 March 1999 should be set aside"]

Ratio Decidendi

The Notice to Produce is sufficiently focused as to time frame, class of documents, and the relevant parties, with the issue of the time frame addressed and the 'fishing' objection not persuasive. The Notice is not set aside.

Court Disposition

Notice to Produce not set aside; compliance stands over until further order

Orders

  • ['I decline to set the Notice to Produce aside and compliance with it will stand over until further order.']