New South Wales Supreme Court CITATION : Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 541 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 27 June 2001 JUDGMENT DATE : 27 June 2001 JOHN ROBERT MARSDEN (Plaintiff) PARTIES : v AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J R Potter (Solicitor) (Plaintiff) COUNSEL : W H Nicholas Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : On costs relating to interlocutory rulings - T9388 DECISION : See paragraphs 4 - 18 DLJT: 208 (Ex Tempore - Revised) [2001] NSWSC 541 THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996 JUSTICE DAVID LEVINE WEDNESDAY 27 JUNE 2001 JOHN MARSDEN (Plaintiff) v AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (On costs relating to interlocutory rulings - T9388) 1 HIS HONOUR: I accept the figure in Mr Potter's letter dated yesterday that I have delivered 214 interlocutory judgments in this case. That must include a series before the numbering commenced. 2 In the course of preparing my reasons for judgment in the action, my attention was drawn to various interlocutory rulings in which costs expressly were reserved. I communicated with the parties in that regard, consequent upon which I have received from both Mallesons and Phillips Fox communications setting out their respective positions in relation to various judgments. 3 I propose briefly to deal with them in order by reference to a letter dated 26 June 2001 from the plaintiff's solicitors. That is purely a matter of convenience and nothing otherwise is to be taken from that. 4 As to the Orders of 15 April 1999, I propose to make no orders as to costs. Transcript page 910 clearly indicates that Mr McHugh announced his independent appearance for Carrington. 5 In relation to DLJT 45, there is no need for orders to be made. 6 In relation to [1999] NSWSC 1081: DLJT 50, I order the plaintiff to pay the defendant's costs. 7 In relation to [1999] NSWSC 1099: DLJT 51, I order the defendant to pay the plaintiff's costs. 8 In relation to [1999] NSWSC 1110: DLJT 56 and [1999] NSWSC 1172: DLJT 63, relating to the Greg Quail diaries, I order that costs in both be costs in the cause. 9 In relation to [1999] NSWSC 1204: DLJT 67, the adjournment application, I order that costs be costs in the cause. 10 No order is made in relation to [1999] NSWSC 1299: DLJT 69 or [2000] NSWSC 266: DLJT 132. 11 [1999] NSWSC 28: DLJT 4, dated 9 February 1999, was the expedition application. I will order that costs be costs in the cause. 12 [1999] NSWSC 121: DLJT 12, order of addresses, plaintiff is to pay the defendant's costs. 13 [1999] NSWSC 1061: DLJT 48, plaintiff's motion for restructure of trial, plaintiff is to pay defendant's costs. 14 [2000] NSWSC 517: DLJT 169, plaintiff to pay the defendant's costs. That was in relation to the plaintiff's application to reopen. 15 The balance, before coming to notices to produce, that is [1999] NSWSC 1221: DLJT 68; [1999] NSWSC 1300: DLJT 70; [1999] NSWSC 1302: DLJT 72; [1999] NSWSC 1303: DLJT 73; [1999] NSWSC 1304: DLJT 74 and [1999] NSWSC 1307: DLJT 77, were judgments on admissibility and they will be costs in the cause. 16 [1999] NSWSC 44: DLJT 5, plaintiff to pay the defendant's costs, that is in setting aside the notices to produce. 17 [1999] NSWSC 262: DLJT 29, costs in the cause relating to the partial success on each side with respect to the Dr Dent claim for legal professional privilege. 18 [1999] NSWSC 95: DLJT 101 will be costs in the cause, as shall be [2000] NSWSC 516: DLJT 165. *********** Last Modified: 06/29/2001 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.