Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 519

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 519 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 8 June 2000 JUDGMENT DATE : 8 June 2000

JOHN MARSDEN (Plaintiff)

PARTIES : v

AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J at 1

I Barker Q.C. M R Hall (Plaintiff) COUNSEL : W H Nicholas Q.C. R Stitt Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : Admissibility - defendant seeking to cross-examine the plaintiff as to contents of conversation between the plaintiff and Mr Elomari - the "Elomari" tapes - Listening Devices Act 1984 - T7023 LEGISLATION CITED : Evidence Act 1995 (NSW) Listening Devices Act 1984 DECISION : See paragraph 20-21

DLJT: 171 (Ex Tempore - Revised) [2000] NSWSC 519

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996

JUSTICE DAVID LEVINE

THURSDAY 8 JUNE 2000

JOHN MARSDEN (Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT: (Admissibility - defendant seeking to cross-examine the plaintiff as to contents of conversation between the plaintiff and Mr Elomari - the " Elomari " tapes - Listening Devices Act 1984 - T7023)