NSW Caselaw
New South Wales Court of Appeal
CITATION: Hornsby Shire Council v King [2005] NSWCA 67
HEARING DATE(S): 11/03/05
JUDGMENT DATE: 21 March 2005
JUDGMENT OF: Mason P at 1; Ipp JA at 2; Brownie AJA at 41
DECISION: (1) The Shire's application for leave to appeal is dismissed with costs (2) Ms King's application for leave to cross-appeal is granted (3) The cross-appeal is upheld with costs (4) The award of $29,738 in respect of damages is increased to the sum of $70,443, being $29,738 plus $15,705 plus $25,000 (5) Ms King be given 14 days from delivery of judgment to file written submissions in regard to variations that need to be made to the award in respect of superannuation loss, and the Shire be given a further 14 days thereafter to reply (6) The Shire to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise entitled.
CATCHWORDS: DAMAGES - Future economic loss - Buffer - Section 13(1) of the Civil Liability Act 2002 (NSW). ND
LEGISLATION CITED: Civil Liability Act 2002 (NSW), s 13(1)
Briscoe-Hough v AVS Australian Venue Security Services Pty Limited [2005] NSWCA 51 CASES CITED: K'Mart Australia Limited v McCann [2004] NSWCA 283 The Nominal Defendant v Lane [2004] NSWCA 405
Hornsby Shire Council (claimant) PARTIES: Joanna King (opponent)
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
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