New South Wales v Williamson [2012] HCA 57

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ

STATE OF NEW SOUTH WALES APPELLANT

AND

JAYSON WILLIAMSON RESPONDENT

New South Wales v Williamson [2012] HCA 57 12 December 2012 S416/2011

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

J B Simpkins SC with D F Villa for the appellant (instructed by Crown Solicitor (NSW))

B W Walker SC with F L Austin for the respondent (instructed by Byles Anjos 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

New South Wales v Williamson

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.