Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ

Matter No S417/2011

CERTAIN LLOYD'S UNDERWRITERS SUBSCRIBING TO CONTRACT NO IH00AAQS APPELLANT

AND

JOHN CROSS RESPONDENT

Matter No S418/2011

CERTAIN LLOYD'S UNDERWRITERS SUBSCRIBING TO CONTRACT NO IH00AAQS APPELLANT

AND

MARK GEORGE THELANDER RESPONDENT

Matter No S419/2011

CERTAIN LLOYD'S UNDERWRITERS SUBSCRIBING TO CONTRACT NO IH00AAQS APPELLANT

AND

JILL MARIA THELANDER RESPONDENT

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 12 December 2012 S417/2011 to S419/2011

ORDER

In each appeal:

1. Appeal allowed.

2. Set aside paragraphs 4 and 5 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 1 June 2011, and, in their place, order that the appeal to that Court be dismissed.

3. Appellants to pay the respondent's costs of the appeal to this Court.

On appeal from the Supreme Court of New South Wales

Representation

R J H Darke SC with M J Stevens for the appellant in all matters (instructed by Riley Gray-Spencer Lawyers)

R T McKeand SC with A C Casselden for the respondents in all matters (instructed by G H Healey & Co Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

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

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.