Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 120 (6 March 2000)

Last Updated: 16 October 2000

NEW SOUTH WALES SUPREME COURT

CITATION: Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 120

CURRENT JURISDICTION: Common Law

FILE NUMBER(S): 20223 of 1995; 20592 of 1996

HEARING DATE{S): 6 March 2000

JUDGMENT DATE: 06/03/2000

PARTIES:

JOHN MARSDEN

(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED

(Defendant)

JUDGMENT OF: Levine J

LOWER COURT JURISDICTION: Not Applicable

LOWER COURT FILE NUMBER(S): Not Applicable

LOWER COURT JUDICIAL OFFICER: Not Applicable

COUNSEL:

I Barker Q.C.

M R Hall

(Plaintiff)

R Stitt Q.C.

J S Wheelhouse

(Defendant)

SOLICITORS:

Phillips Fox

(Plaintiff)

Mallesons Stephen Jaques

(Defendant)

CATCHWORDS:

On Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456

ACTS CITED:

DECISION:

See paragraph 4 & 5

JUDGMENT:

DLJT: 106

(Ex Tempore - Revised)

[2000] NSWSC 120

THE SUPREME COURT

OF NEW SOUTH WALES

COMMON LAW DIVISION

DEFAMATION LIST

No. 20223 of 1995

No. 20592 of 1996

JUSTICE DAVID LEVINE

MONDAY 6 MARCH 2000

JOHN MARSDEN

(Plaintiff)

v

AMALGAMATED TELEVISION SERVICES PTY LIMITED

ACN 000 145 246

(Defendant)

JUDGMENT (On Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456)

1 HIS HONOUR: A subpoena was issued by the solicitors for the plaintiff on 3 February 2000 directed to the proper officer of the New South Wales Police Service.

2 Documents caught by the subpoena, but in an edited version, were the subject of a ruling by me on 2 March 2000 (NSWSC 112: DLJT 105).

3 An application founded upon public interest immunity has been made on behalf of the Police Service and I have read an affidavit filed in court of Deputy Commissioner Moroney sworn on 3 March 2000, to which there are two confidential exhibits. I have read those confidential exhibits.

4 I uphold the claim for public interest immunity, as it rests in one of the accepted categories thereof.

5 Inspection of the documents is refused and the confidential exhibits to Mr Moroney's affidavit will forthwith be returned.

***********

LAST UPDATED: 13/03/2000