Aidan Llewellyn trading as the Trustee for the House of Llewellyn v State of New South Wales (No 2)

Aidan Llewellyn, trading as the trustee for the House of Llewellyn, brought a claim against the State of New South Wales in the Supreme Court of New South Wales. The dispute centred around the alleged negligence of the State in failing to provide adequate security at a public event, resulting in the plaintiff suffering personal injury. The plaintiff sought damages for the injuries sustained as well as costs associated with the litigation.

The legal issues before the court included the extent of the State's duty of care towards attendees at public events, whether this duty was breached, and the quantum of damages to be awarded. Additionally, the court had to consider the appropriate form and amount of costs to be awarded to the successful party.

The court found that the State had indeed breached its duty of care, leading to the plaintiff's injuries. The court held that the State was liable for the damages suffered and ordered the State to pay compensation. Regarding costs, the court determined that a gross sum costs order was appropriate given the circumstances of the case and the lack of any issue of principle that would necessitate a different approach. The court ordered the State to pay the plaintiff's costs, amounting to a specified sum, and directed that this order would not set a binding precedent for future cases.

The court's final orders included the award of damages to the plaintiff, a gross sum costs order in favour of the plaintiff, and an instruction that the specified sum of costs would not be treated as a binding precedent.