Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 259

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 259

Before permitting cross-examination or setting aside of privilege claims or subpoenas on the basis of alleged deliberate abuse of power under s 125 Evidence Act 1995, the party alleging such abuse must supply adequate particulars to the affected party (by 9.30am the next morning in this instance).

Jurisdiction
Australia
Judgment Date
25 March 1999
Procedural Posture
Defamation Trial / Interlocutory Decision During Ongoing Trial
Outcome
No final orders made; particulars required before determination.
Legal Topics
['privilege' 'abuse of Power' 'subpoena' 'justification (defamation)']
['evidence' 'defamation'] ['privilege' 'abuse of Power' 'subpoena' 'justification (defamation)']

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Procedural Posture

Defamation Trial / Interlocutory Decision During Ongoing Trial

Legal Issues

  1. 1 ['Whether s 125 of the Evidence Act 1995 applies to claims of privilege by the Commissioner of Police in the context of alleged furtherance of abuse of power' 'Whether the plaintiff and/or defendant should be required to provide particulars concerning allegations of abuse of power for the purpose of determining privilege claims and setting aside subpoenas']

Ratio Decidendi

Before permitting cross-examination or setting aside of privilege claims or subpoenas on the basis of alleged deliberate abuse of power under s 125 Evidence Act 1995, the party alleging such abuse must supply adequate particulars to the affected party (by 9.30am the next morning in this instance).

Court Disposition

No final orders made; particulars required before determination.

Orders

  • ['Plaintiff to provide particulars of the alleged deliberate abuse of power relied upon (in relation to the Commissioner of Police and/or the defendant) by 9.30am the next morning.']