Towne v Prospect County Council

The case of *Towne v Prospect County Council* concerned an appeal before Giles JA and Santow AJA. The dispute involved a claim for damages, specifically relating to the calculation of interest on past damages awarded to the appellant. While the precise nature of the underlying claim is not detailed, the core of the appeal focused on a perceived error in the calculation of interest.

The central legal issue before the court was whether the initial calculation of interest on the past damages was correct, and if not, what the appropriate figure should be. The court was required to determine if there had been a slip in the calculation of interest and, if so, to rectify it. The case did not appear to raise any novel questions of legal principle regarding the award of interest on damages.

The court found that there had indeed been an error in the calculation of interest. The reasoning applied involved a review of the figures and the method of calculation used in the original judgment. The court determined that the appellant was entitled to a higher amount of interest than initially awarded.

Consequently, the appeal was allowed. The original verdict and judgment of $651,350 were set aside and replaced with a new verdict and judgment of $794,400, to take effect from 6 December 1999. The cross-appeal was dismissed, and the respondent was ordered to pay the appellant's costs of the appeal, with liberty to apply as to costs within seven days.