NSW Caselaw
New South Wales Supreme Court
CITATION : State of New South Wales v Napier Keen Pty Limited [2007] NSWSC 644
HEARING DATE(S) : 31 May 2007
JUDGMENT DATE : 26 June 2007
JUDGMENT OF : Price J at 1
DECISION : 1. The Amended Summons be dismissed. 2. The State (the plaintiff) is to pay the costs of the first, second and third defendants.
CATCHWORDS : Declaration - restrospective operation of Division 6 of Part 2A Civil Liability Act 2002 - personal injury damages - offender damages - not an award of personal injury damages - damages not required to be held in victim trust fund.
Civil Liability Act 2002 s 26A, s 26A(1)(b), s 26J, Sch 1 cl 16(2)(a) Civil Liability Amendment (Offender Damages) LEGISLATION CITED : Act 2004 Sch 1 Civil Liability Amendment (Offender Damages) Act 2005, Sch1 Civil Liability Amendment (Offender Damages Trust Fund) 2005 Act, Sch 1 Crimes and Courts Legislation Amendment Act 2006, Sch 1 cl 1.5
Bujdoso v State of New South Wales [2006] NSWSC 896 CASES CITED : Barns v Queensland National Bank Ltd (1906) 3 CLR 925 State of New South Wales v Bujdoso [2007] NSWCA 44
State of New South Wales PARTIES : Napier Keen Pty Limited trading as Napier Keen Solicitors and Attorneys Keen Wayne Oliver Shane Terrence
FILE NUMBER(S) : SC 15695 of 2006
COUNSEL : Mr S Davis - Plaintiff Mr R O'Neill - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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