Amalgamated Television Services P/L v John Marsden [2001] NSWCA 289

New South Wales Court of Appeal

CITATION : Amalgamated Television Services P/L v John Marsden [2001] NSWCA 289 FILE NUMBER(S) : CA 40499 of 2001 HEARING DATE(S) : 30/07/01 JUDGMENT DATE : 3 September 2001

Amalgamated Television Services Pty Limited PARTIES : v John Marsden JUDGMENT OF : Meagher JA at 1; Powell JA at 1

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT 20223 of 1995 FILE NUMBER(S) : 20592 of 1996 LOWER COURT Levine J JUDICIAL OFFICER :

COUNSEL : A: J T Gleeson SC with K Rees R: In Person SOLICITORS : A: Mallesons Stephen Jacques R: In Person

DECISION : Upon the Opponent undertaking to the Court:; 1. THAT, in the event of the appeal by the Claimant being upheld in whole or in part, he will, within 28 days of the delivery of the Judgment of the Court of Appeal, or within such further time as may be allowed by the Court of Appeal or a Judge thereof on application made in that behalf, pay or cause to be paid to the Claimant, or to such person or company as the Claimant shall in writing direct, the amount received by him pursuant to the Judgments delivered by Levine J on 27 June 2001, or the amount by which that amount exceeds the amount (if any) substituted by the Judgment of the Court of Appeal, together in either case, with interest thereon at court rates from the date of receipt by the Opponent to the date of payment by the Opponent; 2. THAT he will not: (a) file any certification of determination issued by a costs assessor in respect of the costs of the trial at first instance; or (b) otherwise take any steps to enforce such certification of determination; without first giving 28 days' written notice to the Claimant's solicitor. ORDER 1. THAT the hearing of the appeal be expedited; 2. THAT the Motion otherwise be dismissed; 3. THAT the costs of the Motion be costs in the Appeal.