Towne v Prospect County Council [2000] NSWCA 270

Towne v Prospect County Council [2000] NSWCA 270

The trial judge's award of $13,950 interest on past Griffiths v Kerkemeyer damages was a slip because it represented 6.2 per cent of $225,000 for one year when the relevant period was 10 years. The trial judge had assessed past voluntary services as accruing over the 10 year period using a rough weekly amount, thereby taking the first approach in Marsland v Andjelic (No 2), under which interest was payable. The appeal therefore succeeded and the cross-appeal failed.

Jurisdiction
Australia
Judgment Date
29 September 2000
Procedural Posture
Appeal and Cross Appeal in Damages Proceedings for Nervous Shock / New South Wales Court of Appeal From District Court Verdict and Judgment
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
['griffiths V Kerkemeyer Damages' 'interest on Past Damages' 'nervous Shock' 'slip in Calculation of Interest']
['tort Law' 'personal Injury' 'damages'] ['griffiths V Kerkemeyer Damages' 'interest on Past Damages' 'nervous Shock' 'slip in Calculation of Interest']

Case Brief

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Procedural Posture

Appeal and Cross Appeal in Damages Proceedings for Nervous Shock / New South Wales Court of Appeal From District Court Verdict and Judgment

Legal Issues

  1. 1 ['Whether the trial judge failed to award interest on past general damages.' 'Whether the amount of interest awarded on past Griffiths v Kerkemeyer damages was the result of a slip in calculation.' 'Whether any interest was payable on past Griffiths v Kerkemeyer damages.']

Ratio Decidendi

The trial judge's award of $13,950 interest on past Griffiths v Kerkemeyer damages was a slip because it represented 6.2 per cent of $225,000 for one year when the relevant period was 10 years. The trial judge had assessed past voluntary services as accruing over the 10 year period using a rough weekly amount, thereby taking the first approach in Marsland v Andjelic (No 2), under which interest was payable. The appeal therefore succeeded and the cross-appeal failed.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • ['Verdict and judgment for $651,350 set aside.' 'In lieu thereof, verdict and judgment for $794,400 taking effect on 6 December 1999.' "Respondent to pay the appellant's costs of the appeal." 'Liberty to apply as to costs within seven days.']