Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 516

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 516

Because RWP 2 was deployed by counsel in the cross-examination of Dr Dent without objection, notwithstanding an earlier ruling sustaining privilege, privilege no longer applied and the document together with its attachment had to be produced to the defendant forthwith.

Jurisdiction
Australia
Judgment Date
26 May 2000
Procedural Posture
Defamation Proceeding / Ruling on Privilege, Waiver and Production of Former Confidential Exhibit RWP 2
Outcome
Privilege no longer applies to RWP 2; production ordered forthwith.
Legal Topics
['privilege' 'waiver of Privilege' 'production of Documents' 'cross Examination' 'evidence Act 1995 (nsw) S 126']
['defamation' 'evidence'] ['privilege' 'waiver of Privilege' 'production of Documents' 'cross Examination' 'evidence Act 1995 (nsw) S 126']

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Procedural Posture

Defamation Proceeding / Ruling on Privilege, Waiver and Production of Former Confidential Exhibit RWP 2

Legal Issues

  1. 1 ["Whether privilege continued to apply to former confidential exhibit RWP 2 to Mr Potter's affidavit sworn 26 November 1999." 'Whether use of RWP 2 in the cross-examination of Dr Dent without objection waived privilege and required production to the defendant.']

Ratio Decidendi

Because RWP 2 was deployed by counsel in the cross-examination of Dr Dent without objection, notwithstanding an earlier ruling sustaining privilege, privilege no longer applied and the document together with its attachment had to be produced to the defendant forthwith.

Court Disposition

Privilege no longer applies to RWP 2; production ordered forthwith.

Orders

  • ['The document formerly confidential exhibit RWP 2 to the affidavit of Mr Potter sworn 26 November 1999, together with its attachment, should be produced to the defendant forthwith.']