Amaca Pty Limited v Latz; Latz v Amaca Pty Limited

[2018] HCATrans 82

[2018] HCATrans 082

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A8 of 2018

B e t w e e n -

AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP)

Appellant

and

ANTHONY LATZ

Respondent

Office of the Registry
  Adelaide  No A7 of 2018

B e t w e e n -

ANTHONY LATZ

Appellant

and

AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP)

Respondent

Pronouncement of orders

BELL J
KEANE J
NETTLE J
GORDON J
EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 11 MAY 2018, AT 10.00 AM

Copyright in the High Court of Australia

____________________

BELL J:   These appeals were heard in Canberra on 17 April 2018 by a Court constituted by Chief Justice Kiefel, Justices Gageler, Keane, Nettle, Gordon, Edelman and me.

In matter A8 of 2018, a majority of the Court would allow the appeal in part on the ground (Ground 3(a)) that the Full Court of the Supreme Court of South Australia erred in assessing damages by including an allowance for the loss of expectation of receiving an age pension during the “lost years”.  The majority would otherwise dismiss the appeal.

In matter A7 of 2018, the Court would unanimously dismiss the appeal.  The Court will publish its reasons at a subsequent date.

The orders of the Court are, in matter A8 of 2018:

1.Appeal allowed in part, on the ground (Ground 3(a)) that the Full Court of the Supreme Court of South Australia erred in assessing damages by including an allowance for the loss of expectation of receiving an age pension during the “lost years”.

2.Set aside order 3 of the Full Court made on 30 October 2017 and 20 November 2017 and, in its place, order that judgment be entered in an amount to be determined in accordance with Order 1.

3.        Appeal otherwise dismissed.

4.        The appellant pay the respondent’s costs of the appeal.

In matter A7 of 2018:

1.        Appeal dismissed.

2.        The respondent pay the appellant’s costs of the appeal.

I publish those orders.

AT 10.02 AM THE MATTERS WERE CONCLUDED