New South Wales v Williamson

The High Court of Australia considered an appeal by the State of New South Wales against a decision of the New South Wales Court of Appeal concerning the application of cost-limiting provisions under the *Legal Profession Act 2004* (NSW). The respondent had sued the State for damages for trespass to the person and false imprisonment, alleging unlawful actions by police officers. The proceedings were settled by consent judgment for $80,000 plus costs. A dispute arose regarding the assessment of costs, specifically whether the maximum costs limitation under section 338 of the *Legal Profession Act 2004* applied to the settlement amount.

The central legal issue before the High Court was whether the respondent's claim, which included false imprisonment and trespass to the person, constituted a "claim for personal injury damages" within the meaning of section 338 of the *Legal Profession Act 2004*. This required the Court to interpret the definition of "personal injury damages" as it related to the *Civil Liability Act 2002* (NSW), particularly after amendments made by the *Civil Liability Amendment (Personal Responsibility) Act 2002* (NSW). The Court also had to consider whether a claim for damages resulting from intentional acts, such as false imprisonment, fell within this definition, and how an undifferentiated lump sum settlement affected the characterisation of the claim.

The High Court reasoned that the *Legal Profession Act 2004* adopted the meaning of "personal injury damages" from the *Civil Liability Act 2002*. It held that, in light of the amendments to the *Civil Liability Act 2002*, the term "personal injury damages" did not extend to damages arising from intentional torts, such as false imprisonment. Furthermore, because the judgment was for a single, undifferentiated sum, it was not possible to demonstrate that the amount recovered was specifically "on a claim for personal injury damages" as defined. Consequently, the cost-limiting provisions of section 338 were not engaged.

The High Court dismissed the appeal, upholding the decision of the New South Wales Court of Appeal. The appeal was dismissed with costs.