Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: In relation to what I will call the Elomari document, the subject of the claim for privilege, as was quite rightly pointed out by Mr Stitt, no evidence was admitted before me as to the circumstances in which this document came into existence.

I have examined the document by consent: it discloses nothing pointing to it falling within that category of legal professional privilege concerned about with the provision of legal advice. However, it is clear that it exists with a dominant, if not sole purpose for the conduct of the litigation, and upon considering it I propose to uphold the claim for privilege and do so.

The document will be marked for identification 96 and returned to Mr Hall.