Herrick v Knowles [2014] NSWSC 1223

Supreme Court New South Wales

Medium Neutral Citation: Herrick v Knowles [2014] NSWSC 1223 Hearing dates: 7 August 2014 Decision date: 05 September 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The court orders that: (1) The plaintiff is refused access to the report of Dr McCallum dated 9 November 2011. (2) The notice of motion filed 13 March 2014 is dismissed. (3) The plaintiff is to pay the defendants' costs on an ordinary basis as agreed or assessed. (4) The report is to be returned to the solicitor for Dr McCallum. Catchwords: EVIDENCE LAW - document sought under subpoena - protected confidence claimed over document - social worker and client relationship - court discretion to prohibit document access - question of harm suffered if access granted - probative value of document - public interest in the confidentiality of protected confidences Legislation Cited: Evidence Act 2005 (NSW), ss 126A, 126B Uniform Civil Procedure Rules 2005 (NSW), r 33.8 Cases Cited: Director General Department of Community Services v D [2006] NSWSC 827 (2006) 66 NSWLR 582 X v Commissioner of Police [2012] NSWSC 930 NRMA v Whitlam [2007] NSWCA 81 NRMA v John Fairfax [2002] NSWSC 563 Texts Cited: Australian Law Reform Commission Report 26 'Evidence (Interim)' Report 30 June 1984 Category: Procedural and other rulings Parties: Jennifer Anne Herrick (Plaintiff) Thomas Francis Knowles (First Defendant) Graeme Duro (Third Defendant) Pat Negri (Fourth Defendant) James Dekker (Fifth Defendant) Representation: Counsel: DS Weinberger (Plaintiff) J Sheller (First Defendant) S Callan (Third, Fourth & Fifth Defendants) MP Sidone (Dr McCallum non-party)) Solicitors: Karp O'Neill (Plaintiff) Greg Walsh & Co (First Defendant) Corrs Chambers Westgarth (Third, Fourth & Fifth Defendants) Gadens Lawyers (Dr McCallum non-party) File Number(s): 2013/212143 Publication restriction: Nil