Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 71

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 71

The subpoena cannot be set aside on the grounds of lack of conceivable relevance, fishing, or manifest privilege; the material sought is generally relevant, and not all documents sought would attract privilege. The defendant is directed to further particularise the classes of documents requested such that clearly privileged material is excluded.

Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Defamation / Interlocutory Application Regarding Subpoena to Produce Documents
Outcome
Application to set aside subpoena stood over; plaintiff's application not formally disposed; defendant directed to particularise requests for documents.
Legal Topics
['subpoenas' 'client Legal Privilege' 'discovery' 'relevance of Documents' 'abuse of Process' 'fishing Expeditions']
['defamation Law' 'evidence'] ['subpoenas' 'client Legal Privilege' 'discovery' 'relevance of Documents' 'abuse of Process' 'fishing Expeditions']

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Procedural Posture

Defamation / Interlocutory Application Regarding Subpoena to Produce Documents

Legal Issues

  1. 1 ['Whether the subpoena issued to the plaintiff should be set aside on grounds of irrelevance, fishing, or privilege' 'Whether the material sought under the subpoena is manifestly privileged' 'Whether compliance with the subpoena would be oppressive']

Ratio Decidendi

The subpoena cannot be set aside on the grounds of lack of conceivable relevance, fishing, or manifest privilege; the material sought is generally relevant, and not all documents sought would attract privilege. The defendant is directed to further particularise the classes of documents requested such that clearly privileged material is excluded.

Court Disposition

Application to set aside subpoena stood over; plaintiff's application not formally disposed; defendant directed to particularise requests for documents.

Orders

  • ['Call on subpoena stood over.' 'Defendant to provide particularisation of classes of documents and things to be produced as if under the subpoena for persons (a) to (e) in the schedule.' 'Defendant to provide particulars of basis of relevance and classes of documents for person (f) in the schedule.' 'Time for...