Hammond v Stern [2013] NSWSC 70

Hammond v Stern [2013] NSWSC 70

The professional negligence claim for loss of opportunity to recover damages for personal injury is a claim for 'personal injury damages' within s 338 of the Legal Profession Act 2004; therefore, the costs of the proceedings are regulated by s 338.

Jurisdiction
Australia
Judgment Date
13 February 2013
Procedural Posture
Professional Negligence Claim / Declaratory Relief Regarding Application of S 338 of the Legal Profession Act 2004 to Costs
Outcome
Declaration made that costs are regulated by s 338 of the Legal Profession Act 2004; directions for filing submissions on costs by both parties.
Legal Topics
['application of S 338 Legal Profession Act to Professional Negligence' "interpretation of 'personal Injury Damages'" 'costs Regulation in Professional Negligence Claims']
['professional Negligence' 'statutory Interpretation' 'costs'] ['application of S 338 Legal Profession Act to Professional Negligence' "interpretation of 'personal Injury Damages'" 'costs Regulation in Professional Negligence Claims']

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Procedural Posture

Professional Negligence Claim / Declaratory Relief Regarding Application of S 338 of the Legal Profession Act 2004 to Costs

Legal Issues

  1. 1 ["Whether professional negligence claim for loss of opportunity to pursue personal injury action falls within definition of 'personal injury damages' under s 338 Legal Profession Act 2004" 'Whether costs of proceedings are regulated by s 338 Legal Profession Act 2004']

Ratio Decidendi

The professional negligence claim for loss of opportunity to recover damages for personal injury is a claim for 'personal injury damages' within s 338 of the Legal Profession Act 2004; therefore, the costs of the proceedings are regulated by s 338.

Court Disposition

Declaration made that costs are regulated by s 338 of the Legal Profession Act 2004; directions for filing submissions on costs by both parties.

Orders

  • ['The costs of the proceedings the subject of the consent judgment dated 11 October 2010 are regulated by s 338 of the Legal Profession Act 2004.' 'The plaintiff is to file and serve submissions in relation to costs of the proceedings by 27 February 2013.' 'The defendant is to file and serve submissions in relation...