Hornsby Shire Council v King [No 2]

Hornsby Shire Council sought leave to appeal a decision of the primary judge concerning a claim brought by Joanna King. The Court of Appeal of New South Wales was required to determine whether to grant leave to appeal and, in the alternative, whether to grant leave to cross-appeal and uphold that cross-appeal.

The central legal issues before the Court of Appeal were whether the primary judge had erred in their assessment of damages and whether the cross-appeal should be allowed to rectify any such error. The Court considered the principles governing the award of damages in the context of the claim brought by Ms King against the Council.

The Court of Appeal dismissed the Council's application for leave to appeal. However, it granted Ms King leave to cross-appeal. The Court upheld the cross-appeal, setting aside the original judgment and entering judgment in favour of Ms King for $74,745, with effect from the date of the original judgment. The Council was ordered to pay Ms King's costs of the application for leave to appeal and the cross-appeal.