Amalgamated Television Services Pty Ltd v Marsden [1999] NSWCA 97

New South Wales Court of Appeal CITATION : Amalgamated Television Services Pty Ltd v Marsden [1999] NSWCA 97 FILE NUMBER(S) : CA 40191/99 HEARING DATE(S) : 13 April 1999 JUDGMENT DATE : 15 April 1999

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

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : 20223/95; 20592/96 LOWER COURT JUDICIAL OFFICER : Levine J

COUNSEL : Appellant - J S Wheelhouse & R C Titterton at hearing; W H Nicholas QC & J S Wheelhouse as to amendment to notice of appeal Respondent - N/A at hearing; G T'OL Reynolds as to amendment to notice of appeal SOLICITORS : Appellant - Mallesons Stephen Jaques, Sydney Respondent - Phillips Fox, Sydney CATCHWORDS : PRIVILEGE - client legal privilege - whether lost by providing copies of documents to Police - Evidence Act 1995 s 122(2)(a) - whether provided in the course of making a confidential communication - Evidence Act s 117(1) definition of "confidential communication" - Police could use contents of documents in investigations or for prosecution - not confidential communication. DECISION : (1) Grant leave to amend notice of motion; (2) Appeal upheld; (3) Vary order 1 made by Levine J on 19 March 1999 by granting leave to the appellant and its legal advisers to inspect the documents referred to in para 2(a)-(f) of the amended notice of appeal (see details in formal order) and document 5 in schedule B to the affidavit of Michael Lee made on 1 March 1999; (4) Costs of the appeal to be costs in the proceedings in the Common Law Division.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL