Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 95

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 95

The Notice to Produce is a fishing expedition and excessive in breadth, and nothing else is reasonably necessary to enable a proper understanding of Exhibit 42 under s 126 Evidence Act 1995; consequently, it should be set aside in whole.

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Defamation / Interlocutory Motion to Set Aside Notice to Produce
Outcome
Notice to Produce set aside in whole
Legal Topics
['notice to Produce' 'evidence' 'privilege' 'fishing Expeditions']
['defamation'] ['notice to Produce' 'evidence' 'privilege' 'fishing Expeditions']

Case Brief

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Procedural Posture

Defamation / Interlocutory Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 ["Whether the Plaintiff's Notice to Produce served on 21 February 2000 should be set aside" 'Whether the documents sought are reasonably necessary for understanding Exhibit 42 under s 126 of the Evidence Act 1995' "Whether privilege attaches to documents referred to in Mr Bates' affidavit"]

Ratio Decidendi

The Notice to Produce is a fishing expedition and excessive in breadth, and nothing else is reasonably necessary to enable a proper understanding of Exhibit 42 under s 126 Evidence Act 1995; consequently, it should be set aside in whole.

Court Disposition

Notice to Produce set aside in whole

Orders

  • ['Notice to Produce served 21 February 2000 set aside in whole']