King v Greater Murray Area Health Service & Anor [2007] NSWSC 914

King v Greater Murray Area Health Service & Anor [2007] NSWSC 914

The damages awarded to the plaintiff for psychological injury caused by intentional torts fell within the definition of 'personal injury damages' in the Civil Liability Act 2002 (NSW) as applicable at the relevant time; therefore, the costs were limited by s 198D of the Legal Profession Act 1987 (NSW) and the decision of the Costs Review Panel was correct.

Jurisdiction
Australia
Judgment Date
21 August 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; extension of time granted.
Legal Topics
['appeal From Costs Review Panel' 'interpretation of Personal Injury Damages Under Civil Liability Act 2002 and Legal Profession Act 1987/2004' 'limitation on Legal Costs']
['costs' 'personal Injury'] ['appeal From Costs Review Panel' 'interpretation of Personal Injury Damages Under Civil Liability Act 2002 and Legal Profession Act 1987/2004' 'limitation on Legal Costs']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether legal costs in relation to awards for damages for intentional torts were limited by s 198D of the Legal Profession Act 1987 (NSW)' "Whether the plaintiff's claim constituted 'personal injury damages' under the Civil Liability Act 2002 (NSW) and Legal Profession Act provisions"]

Ratio Decidendi

The damages awarded to the plaintiff for psychological injury caused by intentional torts fell within the definition of 'personal injury damages' in the Civil Liability Act 2002 (NSW) as applicable at the relevant time; therefore, the costs were limited by s 198D of the Legal Profession Act 1987 (NSW) and the decision of the Costs Review Panel was correct.

Court Disposition

Appeal dismissed; extension of time granted.

Orders

  • ['An extension of time to lodge the appeal is granted to the plaintiff.' 'The appeal is dismissed.' 'The decision of the Costs Review Panel dated 13 September 2006 is affirmed.' 'The summons filed 13 November 2006 is dismissed.' "The plaintiff is to pay the defendants' costs as agreed or assessed."]