State of New South Wales v Williamson [2011] NSWCA 183

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Williamson [2011] NSWCA 183 Hearing dates: 17 February 2011 Decision date: 05 July 2011 Before: Hodgson JA at [1] Campbell JA at [6] Macfarlan JA at [117] Decision: 1. Grant leave to appeal, on condition that the Applicant pay the Respondent's costs in any event, and that the Applicant not seek to disturb the costs order in the Supreme Court below. 2. Direct the Applicant to file, within seven days of the date of delivery of these reasons, a Notice of Appeal in the form of the draft contained in the White Book. 3. Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - limit on the maximum amount for costs in connection with a claim for "personal injury damages" - Legal Profession Act 2004 (NSW), s 338 -- claim for false imprisonment is not claim for "personal injury damages", at least where the damages claimed include damages for wrongful deprivation of liberty and loss of dignity - where such a claim is included in a claim for damages and is not a severable part of that claim, the claim for damages is not a claim for "personal injury damages"

COSTS - limit on the maximum amount for costs in connection with a claim for "personal injury damages" - Legal Profession Act 2004 (NSW), s 338 - "personal injury damages" defined to have same meaning as in Part 2 Civil Liability Act 2002 - whether maximum costs limitation applies to awards of personal injury damages resulting from intentional acts - correctness of Cross v Certain Lloyds Underwriters [2011] NSWCA 136