Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 162

New South Wales Supreme Court CITATION : Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 162 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 2 March 1999 JUDGMENT DATE : 2 March 1999

JOHN MARSDEN (Plaintiff)

PARTIES : v

AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J

R G McHugh (Plaintiff) COUNSEL : J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jacques (Defendant) CATCHWORDS : Defendant's Notice to Produce to Plaintiff dated 1 March 1999 - T119 DECISION : See paragraph 5

- 2 - DLJT: 19 (Ex Tempore - Revised) THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

No. 20223 of 1995 No. 20592 of 1996

JUSTICE DAVID LEVINE

TUESDAY 2 MARCH 1999

JOHN MARSDEN (Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant)

JUDGMENT (Defendant's Notice to Produce to Plaintiff dated 1 March 1999 - T119)

1 HIS HONOUR: A Notice to Produce dated 1 March 1999 was served by the defendant on the plaintiff on that day requiring the production at Court today, 2 March, at 2.00pm of the following: "All documents relating to a...allegation made against the plaintiff". 2 The plaintiff moves to set aside the Notice to Produce. 3 One ground of objection to my mind having safely now been removed by the insertion of the time frame, I am not persuaded as to the additional basis of fishing. 4 The Notice to Produce is quite focused as to the time frame, as to the class of documents, as to the relevant parties; the maker of the document and the recipient of it, that is both parties to the communication, and in particular the conduct of the Police Service in relation to a particular person (D17). The "and/or" does not create a problem if one realistically views it as a substitute for a Notice to Produce in two paragraphs one relating to the Police and relating to the Ombudsman. 5 I decline to set the Notice to Produce aside and compliance with it will stand over until further order. **********