Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 530

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 530 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 13 June 2000 JUDGMENT DATE : 13 June 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 defendant's Notice of Motion - SCR Pt 31 r 2 - in relation to "the Elomari tapaes" - proceedings pending in Court of Appeal DECISION : See paragraph 15

DLJT: 172 (Ex Tempore - Revised) [2000] NSWSC 530

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

JUSTICE DAVID LEVINE

TUESDAY 13 JUNE 2000

JOHN MARSDEN (Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED ACN 000 145 246 (Defendant) JUDGMENT (On defendant's Notice of Motion - SCR Pt 31 r 2 - in relation to " the Elomari tapes " - proceedings pending in Court of Appeal) 1 HIS HONOUR: Leave was granted this morning to the defendant to file in court a Notice of Motion applying for orders under SCR Pt 31 r 2, for the separate trial of the eight issues set out in the Notice of Motion. 2 Also handed up this morning was a document prepared for the plaintiff, setting out three questions proposed on his behalf. 3 The issues raised in the defendant's Notice of Motion are as follows: "1. Whether the document MFI 191 should be admitted into evidence as probative of the fact that warrant no 308 of 1995 was granted pursuant to section 16, Listening Devices Act ("the Act").