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

Supreme Court New South Wales

Medium Neutral Citation: Herrick v Knowles (No 2) [2015] NSWSC 54 Hearing dates: By written submissions Date of orders: 11 February 2015 Decision date: 11 February 2015 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) 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. Catchwords: COSTS – costs of a non-party – s 98 Civil Procedure Act 2005 – whether there were exceptional circumstances - whether it was necessary for a non-party to be separately represented Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 2005 (NSW) Federal Court of Australia Act 1976 Supreme Court Act 1970 (NSW) Cases Cited: Herrick v Knowles [2014] NSWSC 1223 NRMA v John Fairfax Publications [2002] NSWSC 563 O'Keefe v Hayes Knight GTO Pty Ltd [2005] FCA 1559 Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129 Petrovski v Radin [2000] NSWSC 323 Texts Cited: Australian Law Reform Commission Report 26 'Evidence (Interim)' Report 30 June 1984 Category: Costs 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)