New South Wales v Williamson

[2012] HCA 57
Judgment date
Case number
S416/2011
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 2004 (NSW), s 338 – Where "personal injury damages" defined to have same meaning as in Civil Liability Act 2002 (NSW), Pt 2 – Whether maximum costs limitation applies to claims for personal injury damages resulting from intentional acts.

Costs – Limit on maximum costs in connection with claim for "personal injury damages" – Legal Profession Act 2004 (NSW), s 338 – Claim for false imprisonment not claim for "personal injury damages" – Where such claim is included in claim for damages and not severable part of claim, the claim for damages not claim for "personal injury damages".

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", "false imprisonment", "maximum costs", "personal injury damages", "same meaning".

Civil Liability Act 2002 (NSW) – Pt 2, ss 3B, 11.

Legal Profession Act 2004 (NSW) – Pt 3.2 Div 9, ss 337, 338.

Files
57.rtf (189.06 KB)
57.pdf (82.57 KB)