Full Court Minute Books

Case S416/2011

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)

[2011] NSWCA 183

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.

Short Particulars

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)