LONGHURST & ANOR V HUNT (No 2) [2004] NSWCA 190

New South Wales Court of Appeal

CITATION : LONGHURST & ANOR V HUNT (No 2) [2004] NSWCA 190 HEARING DATE(S) : 9 February 2004, 2 March 2004, 31 March 2004 JUDGMENT DATE : 18 June 2004

JUDGMENT OF : Sheller JA at 1; Santow JA at 2; Stein AJA at 3 DECISION : Orders made

David Longhurst- First Appellant PARTIES : Brian Kenneth Thompson- Second Appellant Christopher Hunt- Respondent FILE NUMBER(S) : CA 40489/03 COUNSEL : R R Bartlett SC/ J Harris- Appellants P W Neil SC/ J S Drummond- Respondent SOLICITORS : McCourts Solicitors- Appellants Beilby Poulden Costello- Respondent

LOWER COURT District Court JURISDICTION : LOWER COURT 4120/02 FILE NUMBER(S) : LOWER COURT Gamble ADCJ JUDICIAL OFFICER :

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40489/03 DC 4120/03

SHELLER JA SANTOW JA STEIN AJA

18 June 2004 LONGHURST & ANOR –V- HUNT Judgment No 2 1 SHELLER JA: I agree with Stein AJA. 2 SANTOW JA: I agree with Stein AJA. 3 STEIN AJA: Since delivering judgment in this matter on 31 March 2004, and before the orders have been taken out, it has been drawn to attention that the court made no specific reference or adjustment to the damages for past economic loss. 4 It is plain from paragraph [80] that such an adjustment was intended to both past and future economic loss. 5 Accordingly, it is appropriate to make the orders sought by the appellant with the addition of the respondent having a certificate under the Suitors Fund Act 1951 with respect to the costs of the appeal.