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NSW Fire Brigades v Newman [2008] NSWCA 82. Bell JA, Basten JA agreeing separately, Handley AJA agreeing with both.

Bell JA: "The definition of 'damages' in s 149(1) is an inclusive one. The ordinary meaning of 'damages' is a sum of money paid to compensate a successful plaintiff in an action in tort or contract: Luntz, The Assessment of Damages for Personal Injury and Death (Aust: Butterworths, 2002, 4th ed) at [1.1.1]. The statutory definition enlarges the ordinary meaning of the term by including a payment under a compromise or settlement of a claim in which no proceedings have been instituted. This does not mean that the ordinary meaning of damages is ignored in construing s 151Z: see Pearce and Geddes,Statutory Interpretation in Australia (Sydney: Butterworths, 2001, 5th ed) pp 192-196; [6.56] -[6.60]. The payment of costs was not monetary compensation in respect of Mrs Newman's injury."
















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