NSW Caselaw
New South Wales Supreme Court
CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 120 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 : R Stitt Q.C. J S Wheelhouse (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : On Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456 DECISION : See paragraph 4 & 5
DLJT: 106 (Ex Tempore - Revised) [2000] NSWSC 120
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 Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456)
1 HIS HONOUR: A subpoena was issued by the solicitors for the plaintiff on 3 February 2000 directed to the proper officer of the New South Wales Police Service. 2 Documents caught by the subpoena, but in an edited version, were the subject of a ruling by me on 2 March 2000 (NSWSC 112: DLJT 105). 3 An application founded upon public interest immunity has been made on behalf of the Police Service and I have read an affidavit filed in court of Deputy Commissioner Moroney sworn on 3 March 2000, to which there are two confidential exhibits. I have read those confidential exhibits. 4 I uphold the claim for public interest immunity, as it rests in one of the accepted categories thereof. 5 Inspection of the documents is refused and the confidential exhibits to Mr Moroney's affidavit will forthwith be returned. ***********
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