Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 451

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 451 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 25 May 2000 JUDGMENT DATE : 25 May 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 : R Stitt Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : On objection to question asked of Detective French in relation to Elomari tapes - admissibility - Listening Devices Act 1984 - Police Integrity Commission Act 1996 - T6492 LEGISLATION CITED : Listening Devices Act 1984 Police Integrity Commission Act 1996 DECISION : See paragraph 20

DLJT: 162 (Ex Tempore - Revised) [2000] NSWSC 451

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

JUSTICE DAVID LEVINE

THURSDAY 25 MAY 2000

JOHN MARSDEN (Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (On objection to question asked of Detective French in relation to Elomari tapes - admissibility - Listening Devices Act 1984 - Police Integrity Commission Act 1996 - T6492) 1 HIS HONOUR: In this civil action for damages for defamation, the defendant has sought to tender what are known as the "Elomari" tapes. The initial attempt to tender those tapes was unsuccessful on 28 February (NSWSC 98: DLJT 103). 2 For the purpose of the resolution of the objection taken to a question asked of the witness, those tapes are to be understood as being the product of the utilisation of listening devices said to be pursuant to warrants issued by Judges of this Court. 3 Detective French has been asked the question: "Did you use a listening device that was installed on or about the body of Steven Elomari?"