Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 529

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 529 revised - 15/06/2000 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 claim for privilege - Dr Dent material - T7102-7104 DECISION : See paragraph 21

DLJT: 173 (Ex Tempore - Revised) [2000] NSWSC 529

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 claim for privilege - Dr Dent material - T7102-7104) 1 HIS HONOUR: In relation to the two documents in respect of which privilege is claimed, they are communications bearing date 22 May and 23 May 2000. The two documents to which I refer have been produced by the plaintiff in answer to a call by the defendant in relation to what I would describe as Dr Dent material. 2 It is contended for the plaintiff that each of the two documents is self-evidently privileged. This clearly is so being, on their face, communications between the plaintiff and all his legal advisers in the defamation action, confidential in their nature and obviously for the dominant purpose of the provision of legal services in these proceedings. Access to the defendant is declined. They will be marked for identification 223 and returned to the plaintiff.