Hornsby Shire Council v King

Hornsby Shire Council and Ms King were the parties in proceedings before the New South Wales Court of Appeal concerning an appeal and cross-appeal regarding an award of damages. The dispute centred on the assessment of future economic loss, specifically the application of a buffer under section 13(1) of the *Civil Liability Act 2002* (NSW).

The Court of Appeal was required to determine whether the primary judge had erred in their assessment of future economic loss, particularly in relation to the inclusion and quantum of a buffer. The appeal also raised questions about the appropriate calculation of damages for future economic loss in light of the statutory provisions.

The Court of Appeal, in its reasoning, found that the primary judge had made an error in the assessment of future economic loss. The Court upheld Ms King's cross-appeal, increasing the original award of damages. The Court's decision indicates a re-evaluation of the components of the damages award, specifically the buffer applied to future economic loss.

The Shire's application for leave to appeal was dismissed with costs. Ms King's application for leave to cross-appeal was granted, and the cross-appeal was upheld with costs. The total award of damages was increased from $29,738 to $70,443. Further submissions were to be made regarding variations to the award for superannuation loss.