Herrick v Knowles [No. 2] [2015] NSWSC 54 (11 February 2015)

In this matter Greg Walsh acted for the defendant, Thomas Knowles, in Supreme Court Proceedings in which the Plaintiff, Ms Herrick, seeks damage from Trustees from Thomas Knowles and the Provincial of the Blessed Sacrament Congregation.

The Plaintiff had issued a Subpoena addressed to Dr Sharon McCullum who had been treating Mr Knowles. A Notice of Motion was filed seeking order that the Plaintiff not be permitted access to any material being produced in response to the Subpoena issued to Dr McCallum.

On 5 September 2014, Harrison AsJ made an order that the Plaintiff was refused access to the report of Dr McCallum dated 9 November 2011. See Herrick v Knowles [2014] NSWSC 1223.

An application was made for costs under S. 98 Civil Procedure Act 2005.

s.98 of the CPA gives the Court a broad direction to award costs , including ordering a party to proceed against the pay of the cost of the non-party. See Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129 per Barrett J at 16; Petrovski V Radin [2002] NSWSC 323 per Sperling J [14] [16]; O’Keith V Hayes Knight GTO Pty Ltd [2005] NSWFCA 1559 Nicholson J [24].

Harrison AsJ ordered the Plaintiff to pay Dr McCallum’s costs.