Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products [2001] NSWCA 382

New South Wales Court of Appeal

CITATION : Gillard v Hunter Wire Products Pty Ltd t/as Hunter Screen Products [2001] NSWCA 382 FILE NUMBER(S) : CA 40935/99 HEARING DATE(S) : 6 September 2001 JUDGMENT DATE : 1 November 2001

PARTIES : Bradley James Gillard v Hunter Wire Products Pty Limited t/as Hunter Screen Products JUDGMENT OF : Priestley JA at 1; Sperling J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT DC 43/98 FILE NUMBER(S) : LOWER COURT His Honour Judge Delaney JUDICIAL OFFICER :

COUNSEL : Appellant - I. M. Wales SC, M. Condon Respondent - A. Hewitt SC, A. Hourigan SOLICITORS : Appellant - Walsh & Blair Respondent - Rankin & Nathan CATCHWORDS : Quantum appeal as to assessment of past and future economic loss DECISION : Appeal allowed - see par 27.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40935/99 DC 43/98 PRIESTLEY JA SPERLING J

Thursday, 1 November 2001 GILLARD v HUNTER WIRE PRODUCTS PTY LIMITED t/as HUNTER SCREEN PRODUCTS QUANTUM APPEAL AS TO ASSESSMENT OF PAST AND FUTURE ECONOMIC LOSS – trial judge had used "cushion" or "buffer" method for both – this method not appropriate in light of facts as found by trial judge – reassessment of losses therefore necessary – judgment for higher figures to be given – draft orders to be brought in incorporating figures found by this court, together with amounts for interest and superannuation, and otherwise reflecting this court's opinion on 9 November 2001. ORDERS