Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 163

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 163

In the absence of any principle, authority, rule, law or practice establishing an entitlement for the plaintiff to know the identity of the recipient of the defendant's subpoena or the schedule to that subpoena, the Court declined to give the requested direction at this stage.

Jurisdiction
Australia
Judgment Date
02 March 1999
Procedural Posture
Defamation List Proceeding / Plaintiff's Application to Be Informed of Defendant's Subpoenas
Outcome
The plaintiff's request for a direction requiring disclosure of the identity of the subpoena recipient and the schedule to the subpoena was declined at this stage.
Legal Topics
['subpoenas' 'disclosure of Subpoena Recipients' 'schedules to Subpoenas' 'inspection of Court File' 'documents Produced on Subpoena']
['civil Procedure' 'defamation'] ['subpoenas' 'disclosure of Subpoena Recipients' 'schedules to Subpoenas' 'inspection of Court File' 'documents Produced on Subpoena']

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Procedural Posture

Defamation List Proceeding / Plaintiff's Application to Be Informed of Defendant's Subpoenas

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to be informed of the identity of the recipient of a subpoena issued by the defendant and the schedule to that subpoena.' 'Whether any law, practice, principle, authority or rule supported a direction requiring the defendant to disclose that subpoena information to the plaintiff.']

Ratio Decidendi

In the absence of any principle, authority, rule, law or practice establishing an entitlement for the plaintiff to know the identity of the recipient of the defendant's subpoena or the schedule to that subpoena, the Court declined to give the requested direction at this stage.

Court Disposition

The plaintiff's request for a direction requiring disclosure of the identity of the subpoena recipient and the schedule to the subpoena was declined at this stage.

Orders

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