Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 573

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 573

Access to the original issued warrants could not be granted because the Court files did not contain any issued warrants, and where such warrants were produced to the Court from the Police Integrity Commission, s 56(2) of the Police Integrity Commission Act 1996 precluded disclosure absent a certificate. Thus, there existed no material to which the defendant’s application could relate, and the application was dismissed.

Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Civil / Interlocutory Application (defendant's Notice of Motion for Access to Documents)
Outcome
Defendant's Notice of Motion dismissed
Legal Topics
['access to Court Documents' 'public Interest Immunity' 'listening Device Warrants']
['defamation' 'evidence'] ['access to Court Documents' 'public Interest Immunity' 'listening Device Warrants']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (defendant's Notice of Motion for Access to Documents)

Legal Issues

  1. 1 ['Whether the defendant should be granted access to Listening Device Act 1984 warrants held by the Court or the Police Integrity Commission' 'Whether public interest immunity or the Police Integrity Commission Act 1996 precludes such access']

Ratio Decidendi

Access to the original issued warrants could not be granted because the Court files did not contain any issued warrants, and where such warrants were produced to the Court from the Police Integrity Commission, s 56(2) of the Police Integrity Commission Act 1996 precluded disclosure absent a certificate. Thus, there existed no material to which the defendant’s application could relate, and the application was dismissed.

Court Disposition

Defendant's Notice of Motion dismissed

Orders

  • ['The defendant’s Notice of Motion for access to warrants is dismissed.']