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 Friday 17 June 2005 HORNSBY SHIRE COUNCIL v JOANNA KING Judgment (No 2) 1 THE COURT: On 21 March 2005 the Court delivered judgment in this matter. The following orders are made by consent: (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-Respondent, Hornsby Shire Council, have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise entitled. ********** 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.