NSW Caselaw
Reported Decision : 49 NSWLR 429
New South Wales Court of Appeal
CITATION : Witness v Marsden & Anor [2000] NSWCA 52 revised - 9/05/2000 FILE NUMBER(S) : CA 40151/2000 HEARING DATE(S) : 10, 14, 15 March 2000 JUDGMENT DATE : 22 March 2000
Witness (Claimant) PARTIES : John Marsden (First Opponent) Amalgamated Television Services Pty Ltd (Second Opponent)
JUDGMENT OF : Mason P at 1; Priestley JA at 4; Heydon JA at 19
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CL 20223/95 FILE NUMBER(S) : CL 20592/96 LOWER COURT Levine J JUDICIAL OFFICER :
COUNSEL : W H Nicholas QC (Claimant and Second Opponent) G O'L Reynolds SC/M R Hall (First Opponent) SOLICITORS : Mallesons Stephen Jaques (Claimant and Second Opponent) Phillips Fox (First Opponent) CATCHWORDS : Application for leave to appeal against interlocutory order - pseudonym order - standing of witness to seek leave to appeal or to appeal - standing of witness to set aside subpoena - meaning of 'judgment' - principles of open justice - relevant discretionary factors - Supreme Court Act 1970 (NSW) s 101 - D Supreme Court Act 1970 Service and Execution of Process Act 1992 (Cth) Foreign Tribunals Evidence Act 1856 (UK) LEGISLATION CITED : County Courts Act 1959 Federal Court of Australia Act 1976 (Cth) Judiciary Act (1903) (Cth) Criminal Appeal Act 1912 (NSW) CASES CITED: See body of judgment DECISION : See paragraph 153
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