Marsden v Amalgamated Television Services Pty Limited

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.

By affidavit sworn the 2nd of March Mr Corry asserts a claim for legal professional privilege on behalf of his client, Stephen Said Elomari.

Of the five separate bundles produced to the Court, inspection has been granted to the envelopes marked C and D.

In paragraphs 5 and 6 of his affidavit Mr Corry asserts the bases of the privilege expressly maintained by his client.

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.

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.