State of New South Wales v Stevens

The State of New South Wales appealed to the Court of Appeal of New South Wales against a decision of the District Court of New South Wales, which had awarded the respondent, Ms. Stevens, $10,000 in damages for personal injury. Ms. Stevens' claim arose from an alleged breach of a settlement deed.

The primary legal issues before the Court of Appeal were whether Part 2 of the *Civil Liability Act 2002* (NSW) precluded an award of nominal damages in circumstances where a claim for personal injury damages arising from a breach of a settlement deed was unsuccessful, and whether the primary judge had erred in determining the quantum of nominal damages. The Court also considered whether leave to appeal should be granted given the small amount in dispute.

The Court of Appeal granted leave to appeal, noting that the amount in dispute was indeed very small. The Court allowed the appeal in part, setting aside the District Court's judgment for $10,000 and ordering that there be a verdict and judgment for Ms. Stevens in the sum of $100.00. This outcome indicates that while the claim for substantial personal injury damages was not made out, a nominal sum was considered appropriate, and the application of the *Civil Liability Act 2002* did not prevent such an award in this context. The parties were ordered to bear their own costs of the appeal.