Herrick v Knowles [2014] NSWSC 1223

Herrick v Knowles [2014] NSWSC 1223

Although the report did not itself fall within the definition of a protected confidence under s 126A because it incorporated protected confidences and other sources and the confidences had been disclosed to third parties, the report recorded protected confidences for the purposes of s 126B. The Court was satisfied that disclosure would or might cause Father Knowles stress, shame, humiliation and damage to his reputation as a Catholic priest, and that this harm outweighed the desirability of the report being given to the plaintiff. The report had little probative value because it was a future risk assessment and strategy plan rather than an investigative report, the sexual relationship was...

Jurisdiction
Australia
Judgment Date
05 September 2014
Procedural Posture
Common Law Procedural Ruling Concerning Access to a Document Produced Under Subpoena / Interlocutory Notice of Motion Concerning Whether the Plaintiff Should Be Permitted Access to Dr Mc Callum's Report
Outcome
Plaintiff refused access to Dr McCallum's report; notice of motion dismissed; plaintiff ordered to pay the defendants' costs on an ordinary basis as agreed or assessed.
Legal Topics
['protected Confidences' 'subpoenaed Documents' 'inspection and Access to Documents' 'social Worker and Client Confidentiality' 'court Discretion Under Ss 126 a and 126 B of the Evidence Act 2005 (nsw)']
['evidence Law' 'civil Procedure'] ['protected Confidences' 'subpoenaed Documents' 'inspection and Access to Documents' 'social Worker and Client Confidentiality' 'court Discretion Under Ss 126 a and 126 B of the Evidence Act 2005 (nsw)']

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Procedural Posture

Common Law Procedural Ruling Concerning Access to a Document Produced Under Subpoena / Interlocutory Notice of Motion Concerning Whether the Plaintiff Should Be Permitted Access to Dr Mc Callum's Report

Legal Issues

  1. 1 ["Whether Dr McCallum's report was a protected confidence within s 126A of the Evidence Act 2005 (NSW)." 'Whether, under s 126B of the Evidence Act 2005 (NSW), the Court should direct that evidence of the report not be adduced and refuse the plaintiff access to the subpoenaed report.' 'Whether harm that would or might be caused to Father Knowles outweighed the desirability of the report being available to the plaintiff.' "What weight should be given to the report's probative value, the availability of confidentiality protections, and the public interest in preserving social worker-client confidences."]

Ratio Decidendi

Although the report did not itself fall within the definition of a protected confidence under s 126A because it incorporated protected confidences and other sources and the confidences had been disclosed to third parties, the report recorded protected confidences for the purposes of s 126B. The Court was satisfied that disclosure would or might cause Father Knowles stress, shame, humiliation and damage to his reputation as a Catholic priest, and that this harm outweighed the desirability of the report being given to the plaintiff. The report had little probative value because it was a future risk assessment and strategy plan rather than an investigative report, the sexual relationship was...

Court Disposition

Plaintiff refused access to Dr McCallum's report; notice of motion dismissed; plaintiff ordered to pay the defendants' costs on an ordinary basis as agreed or assessed.

Orders

  • ['The plaintiff is refused access to the report of Dr McCallum dated 9 November 2011.' 'The notice of motion filed 13 March 2014 is dismissed.' "The plaintiff is to pay the defendants' costs on an ordinary basis as agreed or assessed." 'The report is to be returned to the solicitor for Dr McCallum.']