Emmett v Hornsby Shire Council

The case of *Emmett v Hornsby Shire Council* concerned an appeal to the Court of Appeal of New South Wales. The appellant, Emmett, had suffered injuries and sought damages from the respondent, Hornsby Shire Council. A key aspect of the dispute related to the assessment of past economic loss and the failure to award interest on that loss.

The Court of Appeal was required to determine whether the primary judge erred in failing to award interest on the past economic loss awarded to the appellant. This involved considering the principles governing the award of interest on damages, particularly in the context of past economic loss, and whether the circumstances of the case warranted such an award.

The Court analysed the principles established in *Griffiths v Kerkemeyer*, which deals with the assessment of damages for gratuitous services. Beazley and Santow JJA found that the primary judge had erred in law by failing to award interest on the past economic loss. Their Honours reasoned that interest should have been awarded on the economic loss component of the damages, as is standard practice in such cases, to compensate the plaintiff for the delay in receiving that sum.

The appeal was allowed, and the matter was remitted to the primary judge for the assessment of interest on the past economic loss.