State of New South Wales v. Williamson
Case No.
S416/2011
Related matters:
S417/2011 – Certain Lloyd’s Underwriters Subscribing to Contract No IH00AAQS v. Cross
S418/2011; S419/2011 – Certain Lloyd’s Underwriters Subscribing to Contract No IH00AAQS v. Thelander
Case Information
Lower Court Judgment
5/07/2011 Supreme Court of New South Wales (Court of Appeal)(Hodgson JA, Campbell JA, Macfarlan JA)
Catchwords
Costs — Recoverable costs — Limitations — Personal injury damages — Respondent sought damages from applicant for trespass to person constituting battery and false imprisonment — Judgment for respondent entered by consent without admission as to liability — Respondent sought declaration that costs of proceeding not regulated by s 338 of Legal Profession Act 2004 (NSW) — Whether respondent's claim a claim for personal injury damages — Whether deprivation of liberty and loss of dignity capable of being personal injury or "impairment of a person's physical or mental condition" for purpose of Civil Liability Act 2002 (NSW), s 11 — Whether claim for damages that includes claims based on false imprisonment and assault, which are not severable, a claim for personal injury damages — Whether claim for damages for false imprisonment severable from claim for damages for assault — Whether New South Wales Court of Appeal bound by decision in Cross v Certain Lloyds Underwriters [2011] NSWCA 136.
Documents
09/12/2011 Hearing (SLA, Sydney)
22/12/2011 Notice of appeal
20/01/2012 Written submissions (Appellant)
20/01/2012 Chronology (Appellant)
10/02/2012 Written submissions (Respondent)
15/08/2012 Hearing (Full Court, Canberra)
12/12/2012 Judgment (Judgment summary)