Amalgamated Television Services Pty Limited v Marsden [1999] NSWCA 18

New South Wales Court of Appeal CITATION : Amalgamated Television Services Pty Limited v Marsden [1999] NSWCA 18 FILE NUMBER(S) : CA 40085 of 1999 HEARING DATE(S) : 12 February 1999 JUDGMENT DATE : 18 February 1999

PARTIES : Amalgamated Television Services Pty Limited John Marsden JUDGMENT OF : Mason P; Handley JA; Giles JA

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : 20223 of 1995; 2059 of 1996 LOWER COURT JUDICIAL OFFICER : Levine J

Claimant - W H Nicholas QC & COUNSEL : J S Wheelhouse Opponent - I M Barker QC, G O'L Reynolds & R G McHugh SOLICITORS : Claimant - Mallesons Stephen Jaques Opponent - Phillips Fox CATCHWORDS : Waiver of client legal privilege; application for leave to appeal; further issues at trial on waiver; stand application over to await ruling on further issues and any further application for leave to appeal. ACTS CITED : Evidence Act 1995 s 122(2) DECISION : Stood over to a date to be fixed; stay continuing.

1 THE COURT: Levine J ordered that the defendant make the statements of proposed defence witnesses D13 and D15 available for inspection by the plaintiff. The application for leave to appeal from the order is now concerned only with the statement of D13. The order was made because his Honour considered that there had been a waiver of client legal privilege in relation to the statement, according to his Honour's reasons a waiver because the defendant through Mr Angus' affidavit deposed to the particulars provided being of the contents of the statement. We understand the basis for his Honour's ruling to have been that the substance of the statement had been disclosed with the defendant's consent, so as to attract the operation of s 122(2) of the Evidence Act 1995.