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

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

The court has discretion under s 98 of the Civil Procedure Act 2005 (NSW) to order costs for a non-party where exceptional circumstances exist. The circumstances of Dr McCallum’s participation, necessity to inform the court about confidentiality and public policy, and the requirements of justice justify an award of costs in her favour.

Jurisdiction
Australia
Judgment Date
11 February 2015
Procedural Posture
Costs Application / Post Judgment; Determination of Non Party Costs
Outcome
Costs order in favour of non-party Dr McCallum
Legal Topics
['costs' 'costs of Non Parties' 'exceptional Circumstances' 'non Party Representation' 'confidentiality in Client/social Worker Relationship']
['civil Procedure'] ['costs' 'costs of Non Parties' 'exceptional Circumstances' 'non Party Representation' 'confidentiality in Client/social Worker Relationship']

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Procedural Posture

Costs Application / Post Judgment; Determination of Non Party Costs

Legal Issues

  1. 1 ['Whether the court has discretion to order costs in favour of a non-party' 'Whether there are exceptional circumstances justifying a costs order for a non-party' 'Whether it was necessary for a non-party to be separately represented']

Ratio Decidendi

The court has discretion under s 98 of the Civil Procedure Act 2005 (NSW) to order costs for a non-party where exceptional circumstances exist. The circumstances of Dr McCallum’s participation, necessity to inform the court about confidentiality and public policy, and the requirements of justice justify an award of costs in her favour.

Court Disposition

Costs order in favour of non-party Dr McCallum

Orders

  • ["The plaintiff is to pay Dr McCallum's costs of the hearing on 7 August 2014 on an ordinary basis forthwith. These costs are to include the costs involved in the preparation of Dr McCallum's affidavit."]