Hornsby Shire Council v King [No 2] [2005] NSWCA 204

New South Wales Court of Appeal

CITATION: Hornsby Shire Council v King [No 2] [2005] NSWCA 204

HEARING DATE(S): On the papers

JUDGMENT DATE: 17 June 2005

JUDGMENT OF: Mason P; Ipp JA; Brownie AJA

DECISION: (1) Application by the Claimant, Hornsby Shire Council, for leave to appeal be dismissed (2) The Claimant, Hornsby Shire Council pay the costs of the Opponent, Joanna King, of and incidental to the application for leave to appeal (3) Leave is granted to the Opponent, Joanna King, to cross-appeal against the judgment delivered herein on 3 September 2003 (4) The cross-appeal is upheld (5) Judgment in the Court below be set aside, and in lieu, judgment be entered in favour of the Cross-Appellant in the sum of $74,745, such judgment to take effect as from 3 September 2003 (6) The Cross-Respondent, Hornsby Shire Council, pay the Cross-Appellant, Joanna King's, costs of and incidental to her application for leave to cross-appeal, and of her cross-appeal (7) The Cross-Respodnent, Hornsby Shire Council, to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise entitled.

Hornsby Shire Council (Appellant) PARTIES: Joanna King (Respondent)

FILE NUMBER(S): CA 40807/03

D Davies SC/N Confos (Claimant) COUNSEL: G B Hall QC/E Welsh (Opponent)

Phillips Fox (Claimant) SOLICITORS: Gerard Malouf & Partners (Opponent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 1715/02

LOWER COURT JUDICIAL OFFICER: Garling DCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40807/03 DC 1715/02

MASON P IPP JA BROWNIE AJA