Osei v P K Simpson Pty Ltd

[2022] NSWCA 13

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Maximum costs for claims
3. › Personal injury damages
4. › Whether claim for damages for professional negligence in connection with workers' compensation settlement was 'for personal injury damages'
5. › Meaning of 'damages that relate to the death of or injury to a person'
6. › Legal Profession Uniform Law Application Act 2014 (NSW), Sch 1 cl 2
7. › Civil Liability Act 2002 (NSW), s 11
1. Words and Phrases
2. › 'personal injury damages'
3. › Civil Liability Act 2002 (NSW), s 11
4. › Whether phrase 'relate to' in definition connotes indirect connection or means 'for'
1. Negligence
2. › Professional negligence
3. › Solicitors and barristers
4. › Loss of chance
5. › Assessment of discount for chance of not succeeding in underlying proceedings
6. › Whether 40% discount was open to trial judge

Quick Take

The $10,000 costs cap under cl 2 of Sch 1 of the Legal Profession Uniform Law Application Act 2014 (NSW) does not apply to professional negligence claims against lawyers who were negligent in the conduct of personal injury or workers' compensation proceedings, as such claims are not claims 'for personal injury damages'.

Case Details

Citation[2022] NSWCA 13

CourtNSWCA

JurisdictionNew South Wales

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Relies on27

2021Osei v P K Simpson & Co. Pty Limited and CarneyNSWDC 254
2021Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin & Anor (No 2)NSWCA 98
2013Levy v BablisNSWCA 28
2013The Age Company Ltd & Ors v LiuNSWCA 26
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