High Court of Australia

New South Wales v Williamson [2012] HCA 57

87 ALJR 154; 293 ALR 440

12 Dec 2012

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.
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