Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 267

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 267 FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 02/03/00 JUDGMENT DATE : 6 April 2000

JOHN MARSDEN

PARTIES : v

AMALGAMATED TELEVISION SERVICES PTY LIMITED JUDGMENT OF : Levine J at 1

COUNSEL : M R Hall (Plaintiff) S Corry (Defendant) SOLICITORS : Phillips Fox (Plaintiff) Messrs Coode and Corry (Defendant) CATCHWORDS : On claim for privilege - Corry subpoena - Elomari. DECISION : See paragraph 6.

DLJT: 133 [2000] NSWSC 267

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

JUSTICE DAVID LEVINE

THURSDAY 6 APRIL 2000

JOHN MARSDEN (Plaintiff)

v

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

JUDGMENT: (On claim for privilege - Corry subpoena - Elomari) 1 A subpoena was issued on behalf of the plaintiff and served upon Mr Stephen Corry a solicitor of Penrith calling for the production to the Court of what I will describe as "Elomari" documents. 2 By affidavit sworn the 2nd of March Mr Corry asserts a claim for legal professional privilege on behalf of his client, Stephen Said Elomari. 3 Of the five separate bundles produced to the Court, inspection has been granted to the envelopes marked C and D. 4 In paragraphs 5 and 6 of his affidavit Mr Corry asserts the bases of the privilege expressly maintained by his client. 5 In accordance with the practice that has evolved in the course of this litigation I have inspected the contents of the three envelopes A, B and E. 6 The consideration took some time in view of the bulk of documents and view of the evidence in fact given by Mr Elomari. The conclusion to which I have come however is that the claim asserted by Mr Corry is established and accordingly the order will be that inspection of the documents in envelopes A, B and E is refused. They will retained by the Court until further order in Exhibit Office packet No. 290 which will be marked privilege not to be opened until further order.