NSW Caselaw
New South Wales Supreme Court
CITATION : King v Greater Murray Area Health Service & Anor [2007] NSWSC 914 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 26 July 2007
JUDGMENT DATE : 21 August 2007
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) An extension of time to lodge the appeal is granted to the plaintiff; (2) The appeal is dismissed; (3) The decision of the Costs Review Panel dated 13 September is affirmed; (4) The summons filed 13 November 2006 is dismissed; (5) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Appeal from Costs Review Panel - "personal injury damages" and recovery of legal costs
Civil Liability Act 2002 (NSW) - ss 3, 9 (repealed), 11A LEGISLATION CITED : Civil Liability Amendment (Personal Responsibility) Act 2002 Number 92 Legal Profession Act 1987 (NSW) - s 198C & D Legal Profession Act 2004 (NSW) - ss 384, 385
CASES CITED : Jaensch v Coffey (1984) 155 CLR 549 State of New South Wales v Ibbett (2005) 65 NSWLR 168
Benjamin William King - Plaintiff PARTIES : Greater Murray Area Health Service - First Defendant Rodney Carman - Second Defendant
FILE NUMBER(S) : SC 15681/2006
Mr B Dooley - Plaintiff COUNSEL : Mr R Weinstein - First Defendant Ms G Mahoney - Second Defendant
SOLICITORS : Adams Leyland - Plaintiff Frances Allpress - First Defendant
LOWER COURT JURISDICTION : Costs Review Panel
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