Towne v Prospect County Council [2000] NSWCA 270

New South Wales Court of Appeal

CITATION : Towne v Prospect County Council [2000] NSWCA 270 FILE NUMBER(S) : CA 41042/99 HEARING DATE(S) : 29 September 2000 JUDGMENT DATE : 29 September 2000

PARTIES : Leanne Towne - Appellant Prospect County Council - Respondent JUDGMENT OF : Giles JA at 1; Santow AJA at 13

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7404/97 FILE NUMBER(S) : LOWER COURT Herron DCJ JUDICIAL OFFICER :

COUNSEL : D A Wheelahan QC & A Lakeman - Appellant M McCulloch & S P Glascott - Respondent SOLICITORS : G H Healey & Co with Graeme R Jensen, Annandale - Appellant Phillips Fox - Respondent CATCHWORDS : Griffiths v Kerkemeyer damages - interest on past damages - whether interest - whether slip in calculating interest - no question of principle. ND DECISION : Appeal allowed. Verdict and judgment for $651,350 should be set aside and in lieu verdict and judgment for $794,400 taking effect on 6 December 1999. Cross-appeal dismissed. Respondent to pay the appellant's costs of the appeal. Liberty to apply as to costs within seven days.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41042/99 DC 7404/97 GILES JA SANTOW AJA Friday 29 September 2000 LEANNE TOWNE v PROSPECT COUNTY COUNCIL JUDGMENT 1 GILES JA: The appellant claimed damages for nervous shock in consequence of the death of her son. Her claim was upheld, and she received a verdict and judgment for $651,350 and an order for costs. The appellant was profoundly affected by the death of her son, such that she was effectively unable to look after her family, and a major component of her damages was Griffiths v Kerkemeyer damages. 2 The appeal is in relation firstly, to the trial judge's failure to award interest on past general damages, a failure which was obviously a slip and is acknowledged by the respondent; and secondly, the amount of interest awarded on past Griffiths v Kerkemeyer damages. There is also a cross-appeal in which the respondent contends that no interest at all on past Griffith v Kerkemeyer damages should have been awarded.