Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 121

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 121 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 6 March 2000 JUDGMENT DATE : 6 March 2000

JOHN MARSDEN (Plaintiff)

PARTIES : v

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

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 : On claim of privilege by Ms Brenda Duchen in respect of components of client file - T4457 DECISION : See paragraph 3 & 4

DLJT: 107 (Ex Tempore - Revised) [2000] NSWSC 121

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

JUSTICE DAVID LEVINE

MONDAY 6 MARCH 2000

JOHN MARSDEN (Plaintiff)

v

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

JUDGMENT (On claim of privilege by Ms Brenda Duchen in respect of components of client file - T4457)

1 HIS HONOUR: A subpoena was served on Ms Brenda Duchen, solicitor, by the solicitors for the plaintiff on 16 February 2000. 2 Access has been granted to the material produced by Ms Duchen. However, by letter dated 24 February 2000, Miss Duchen advised that privilege had not been waived by her three relevant clients and three documents have been isolated by her as material in respect of which she particularly asserts non waiver. 3 The documents, on my perusal of them, appear clearly to record legal advice, and I will decline inspection. 4 The documents will be retained and kept in a confidential, sealed envelope. ***********