RULING
1 The respondents and Rocla Limited have filed written submissions dated 24 February 1999 and 4 March 1999 respectively. I incorporate those submissions by reference. I note that the respondents do not contend that there is no jurisdiction to order costs on a solicitor and own client basis, as sought by Rocla.
2 It seems to me only basic fairness that a non-party, who has neither instigated litigation nor engaged in conduct which has provoked another to litigate, should not be out of pocket. Put another way, it does not seem reasonable that a non-party should be effectively compelled by Court order to subsidise litigation in which it has no interest.
3 I agree with Rocla's submission that the public interest in encouraging non-parties to make as full and complete discovery as possible will be served if these parties are aware that their legal costs will be recoverable.
4 I will order that the respondents pay, on a solicitor and own client basis, the costs of Rocla incurred in making non-party discovery, including costs relating to preparing its submissions.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.