Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross

Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander [2012] HCA 56
Judgment date
Case number
S417/2011
S418/2011
S419/2011
Before
French CJ, Hayne, Crennan, Kiefel, Bell JJ
Catchwords

Costs – Limit on maximum costs in connection with claim for "personal injury damages" – Legal Profession Act 1987 (NSW), ss 198C and 198D – Where "personal injury damages" defined to have same meaning as in Civil Liability Act 2002 (NSW) – Whether maximum costs limitation applies to claims for personal injury damages resulting from intentional acts.

Statutory interpretation – Principles – Reading provision in context – Whether, when operative statute adopts term in source statute, account must be taken of operation of term in source statute – Effect of amendments to statute.

Words and phrases – "award of personal injury damages", "claim for personal injury damages", "maximum costs", "personal injury damages", "same meaning".

Civil Liability Act 2002 (NSW) – Pt 2, ss 3, 9.

Legal Profession Act 1987 (NSW) – Pt 11 Div 5B, ss 198C, 198D.

Files
56.pdf (210.15 KB)
56.docx (78.79 KB)