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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.
* * *
Last Modified: 07/02/2004
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
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