Amalgamated Television Services Pty Limited v Marsden [2000] NSWCA 63

New South Wales Court of Appeal

CITATION : Amalgamated Television Services Pty Limited v Marsden [2000] NSWCA 63 FILE NUMBER(S) : CA 40085/99 HEARING DATE(S) : 12 February 1999 JUDGMENT DATE : 27 March 2000

PARTIES : Amalgamated Television Services Pty Limited - Claimant John Marsden - Opponent JUDGMENT OF : Mason P at 1; Handley JA at 2; Giles JA at 3

LOWER COURT JURISDICTION : Supreme Court LOWER COURT 20223 of 1995; 20592/96 FILE NUMBER(S) : LOWER COURT Levine J JUDICIAL OFFICER :

COUNSEL : Claimant - (12 February 1999) W H Nicholas QC & J S Wheelhouse; (24 March 2000) W H Nicholas QC Opponent - (12 February 1999) I M Barker QC, G O'L Reynolds, R G McHugh; (24 March 2000) M R Hall SOLICITORS : Claimant - Mallesons Stephen Jaques Opponent - Phillips Fox CATCHWORDS : LEAVE TO APPEAL - interlocutory order - waiver of legal professional privilege - whether matter of practice and procedure - whether leave should be granted - proceedings out of ordinary - in circumstances, leave granted. In re the Will of Gilbert (1946) 46 SR(NSW) 318 referred to. LEGAL PROFESSIONAL PRIVILEGE - delivery of particulars said to be based on or in accordance with a statement - whether waiver of privilege - whether inconsistency between this and maintaining the confidentiality protected by the privilege - no waiver. Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 and Mann v Carnell (1999) HCA66 applied. D DECISION : 1. Grant leave to appeal; 2. Subject to the filing of a notice of appeal within seven days, appeal allowed from the order of Levine J made on 10 February 1999 so far as it required the statement of D13 to be made available for inspection by the appellant, and the order to that extent set aside; 3. Respondent to pay the appellant's costs, and to have a certificate under the Suitors Fund Act if otherwise qualified.