[1999] NSWCA 312

Amalgamated Television Services v Marsden

Summons dismissed with costs

Catchwords

Discretionary interlocutory order - Leave to appeal refused

[1]
THE COURT: This application concerns a discretionary order in relation to the temporary withholding of leave to inspect documents produced on subpoena by a third party. It is clear that the matter can be revisited if the plaintiff gave evidence in advance of the witnesses referred to by pseudonyms or in the context of an application for inspection following discovery. In saying this, we are not inferring error on the trial judge's part.
[2]
Paragraph 60 of the judgment below indicates that the primary judge was persuaded at this stage of the proceedings that the material would not advance the defendant's case. No doubt this was because his Honour had inspected the documents. There is no reason to think that his Honour would ignore this factor if, in changed circumstances, the application for inspection were renewed.
[3]
Applying the well-known principles stated by Jordan CJ in Re the Will of Gilbert (1946) 46 SR(NSW) 318 we refuse leave to appeal.
[4]
The summons is dismissed with costs. * * * * * * * * *