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. ********** Last Modified: DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.