Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 196

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 196 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 20 March 2000 JUDGMENT DATE : 20 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 : Admissibility - Child Welfare Records - T4870 - relevant to defence of qualified privilege DECISION : See paragraph 2

DLJT: 123 (Ex Tempore - Revised) [2000] NSWSC 196

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

JUSTICE DAVID LEVINE

MONDAY 20 MARCH 2000

JOHN MARSDEN (Plaintiff)

v

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

JUDGMENT (Admissibility - Child Welfare Records - T4870 - relevant to defence of qualified privilege)

1 HIS HONOUR: The second bundle will be admitted as Exhibit CB. It is material on which the plaintiff proposes to rely to defeat the defence of qualified privilege. 2 I note the plaintiff's "assertion" at the time of the tender, and I stress the word "assertion" that it was material available to the defendant in relation to a person who appeared on both programs, and in the context of the first programme having been published, proceedings had been instituted before the publication of the second program. ***********