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. *********** Last Modified: 09/25/2000 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.