Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 68

New South Wales Supreme Court

CITATION : Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 68 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20223 of 1995; 20592 of 1996 HEARING DATE(S) : 18 February 2000 JUDGMENT DATE : 18 February 2000

JOHN MARSDEN (Plaintiff)

PARTIES : v

AMALGAMATED TELEVISION SERVICES PTY LIMITED (Defendant) JUDGMENT OF : Levine J

M Hall (Plaintiff) COUNSEL : R Stitt Q.C. (Defendant) Phillips Fox (Plaintiff) SOLICITORS : Mallesons Stephen Jaques (Defendant) CATCHWORDS : Claim for privilege - the 'Gulley' documents DECISION : See paragraph 3

DLJT: 94 (Ex Tempore - Revised) THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST No. 20223 of 1995 No. 20592 of 1996

JUSTICE DAVID LEVINE

FRIDAY 18 FEBRUARY 2000

JOHN MARSDEN (Plaintiff)

v

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

JUDGMENT (Claim for privilege - the "Gulley" documents)

1 HIS HONOUR: In relation to the documents described as the "Gulley" documents, these were produced in response to a subpoena issued by the defendant on 10 February 2000. The bulk of the material has been made available for access to the parties and it is in two grey folders which will be further available to the parties. 2 At my request Mr Gulley transcribed manuscript documents to make them legible. I have considered those documents and have concluded that they fall within each category of legal professional privilege; namely, what I would call the legal advice category and documents prepared for the purposes of current litigation. 3 I uphold the claim for privilege and the envelope will be sealed and marked for identification 97, and will be returned to Mr Gulley. ***********