Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: I grant leave to the Commissioner of Police to file in court a Notice of Motion pursuant to the application for leave made at 2 o'clock today.

Leave is granted to file in court an affidavit sworn yesterday by Deputy Commissioner Kenneth Edward Moroney.

I stand the hearing of the motion over to 9.30am on Monday morning to enable everyone to consider their position in relation to it.

In view of what I feel free to remark upon as the apparent lateness in the making of the application in respect to subpoenas, notice of the service of which was given after 2 o'clock on 17 May to the officer referred to in paragraph 4 of Mr Moroney's affidavit, that lateness is unfortunate, and by using that word I am not, as I cannot at this stage, or it might never arise that I will have to, attribute fault. The effect of the delay, however, was to disrupt, as far as I am concerned, and possibly as far as the plaintiff is concerned, and it may well be as far as the defendant is concerned, the structure of whatever remained of the defence case.

The Commissioner is directed to prepare for handing up on Monday morning at 9.30 and to provide to each side a document that would reflect, in the event of certain orders being made, a practical way of them being put into effect.