Gina Koh v Ja Kil Ku [2009] NSWDC 264

Gina Koh v Ja Kil Ku [2009] NSWDC 264

The costs cap in s 338(1)(a) of the Legal Profession Act 2004 does not apply to personal injury damages awarded outside the operation of the Civil Liability Act 2002, such as for intentional torts excluded by s 3B. Therefore, the plaintiff's recoverable costs are not limited by that section.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 October 2009
Procedural Posture
Civil / Post Judgment Application on Costs
Outcome
Application determined in favour of the plaintiff; costs not limited by s 338(1)(a)
Legal Topics
['costs in Personal Injury Damages' 'intentional Torts and Costs' 'interpretation of Legal Profession Act 2004 S 338(1)(a)']
['civil Procedure' 'costs Law' 'torts'] ['costs in Personal Injury Damages' 'intentional Torts and Costs' 'interpretation of Legal Profession Act 2004 S 338(1)(a)']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Judgment Application on Costs

Legal Issues

  1. 1 ['Whether s 338(1)(a) of the Legal Profession Act 2004 fixes the maximum costs recoverable for legal services in personal injury damages claims arising from intentional torts, where damages are awarded outside the operation of the Civil Liability Act 2002']

Ratio Decidendi

The costs cap in s 338(1)(a) of the Legal Profession Act 2004 does not apply to personal injury damages awarded outside the operation of the Civil Liability Act 2002, such as for intentional torts excluded by s 3B. Therefore, the plaintiff's recoverable costs are not limited by that section.

Court Disposition

Application determined in favour of the plaintiff; costs not limited by s 338(1)(a)

Orders

  • ['The costs recoverable by the plaintiff are not limited to those allowed by s 338(1)(a) of the Legal Profession Act 2004']