Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 67

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 67 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 18 February 2000 JUDGMENT DATE : 18 February 2000

JOHN MARSDEN (Plaintiff)

PARTIES : v

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

M Hall (Plaintiff) COUNSEL : R Stitt Q.C. (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : Claims for privilege - "Elomari" document - T4114 DECISION : See paragraph 3

DLJT: 93 (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

FRIDAY 18 FEBRUARY 2000

JOHN MARSDEN (Plaintiff)

v

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

JUDGMENT (Claims for privilege - " Elomari" document - T4114)

1 HIS HONOUR: In relation to what I will call the Elomari document, the subject of the claim for privilege, as was quite rightly pointed out by Mr Stitt, no evidence was admitted before me as to the circumstances in which this document came into existence. 2 I have examined the document by consent: it discloses nothing pointing to it falling within that category of legal professional privilege concerned about with the provision of legal advice. However, it is clear that it exists with a dominant, if not sole purpose for the conduct of the litigation, and upon considering it I propose to uphold the claim for privilege and do so. 3 The document will be marked for identification 96 and returned to Mr Hall. ***********