CONTRACTS – contracts of employment – misleading or deceptive conduct – ss 52 and 53B of Trade Practices Act 1974 (Cth) – retention incentive scheme – whether employer disclosed true nature of scheme to employees – whether alleged non-disclosure of scheme amounted to deceit or negligence on part of employer – whether employee enjoyed contractual rights to bonus or incentive – relevance of discretion to award bonus or incentive – whether implied term that such discretion cannot be exercised capriciously, arbitrarily or unreasonably – whether withholding of incentives from employees a discretion so exercised – whether implied term of mutual trust and confidence – application of Commonwealth Bank of Australia v Barker[2014] HCA 32; (2014) 88 ALJR 84 – whether scheme induced employees not to seek alternative employment – whether incentives available to employees upon retrenchment.
CONTRACTS – contracts of employment – seconded employees – application and interpretation of secondment policy – whether seconded employees in temporary or permanent position.
CONTRACTS – contracts of employment – termination – whether reasonable notice given – meaning of “reasonable notice” – whether change in employee duties over time effects contractual variation of notice provisions – application of Quinn v Jack Chia (1991) 1 VR 567.
CONTRACTS – contracts of employment – wrongful dismissal claims – whether employer redundancy policy forms part of terms and conditions of contract of employment – construction and interpretation of redundancy policy – whether application of policy varies over time – whether employee secondment affects application of redundancy policy – whether payment in lieu of notice acceptable.
DAMAGES – measure of damages – breach of contract of employment – damages in respect of contractual bonuses – quantification of the value of a lost opportunity.
TORTS – negligence – whether representatives of employer owed duty of care to employees – whether employer acted with reasonable care – quantification of loss on the part of employee.
Jingalong Pty Ltd v Todd (No 3) [2014] NSWCA 353
PRACTICE AND PROCEDURE - application for freezing order pending resolution of appeal.
Reasons for the decision can be found here.
Borcherdt v Scott [2014] NSWCA 339
APPEAL - appeal from a decision of a Local Court Magistrate - appeal limited to errors of law or errors of mixed fact and law - no such error demonstrated in Magistrate's resolution of conflicting evidence.
Limitation Act 1969 (NSW); Local Court Act 2007 (NSW) ss 39, 40; Supreme Court Act 1970 (NSW) s 101(2)(r); Partnership Act 1892 (NSW) ss 1, 2; Uniform Civil Procedure Rules 2005 rr 20.26, 42.15A.
Andrew Tokley SC and Michael Rennie represented the Respondent.
Reasons for the decision can be found here.
Luxcon Developments No. 2 Pty Ltd v Ratner [2014] NSWSC 861
EQUITY - Equitable remedies - Injunctions - Interlocutory injunctions - Whether an interlocutory injunction should be granted pending outcome of further proceedings - Whether defendant is entitled to set aside $1.5 million of the profits of sale of land - Serious question on determination of enforcement of joint venture agreement to be tried in further proceedings - Serious question to be tried on amount of net profits and percent of profit share owed to defendant - Balance of convenience favoured granting of interlocutory injunction.
Royal Commission into Trade Union Governance and Corruption
CORRUPTION - Health Services Union case study - counsel for Health Services Union, NSW.
Australian Competition and Consumer Commission v Gordon Superstore Pty Ltd [2014] FCA 452
CONSUMER LAW – retailer refused customer refund for a refrigerator and two replacement refrigerators – retailer told customer that their refund policy does not apply to large appliances – retailer told customer that customer’s remedy is only with manufacturer – retailer told customer that customer will not get a refund until retailer gets money from the manufacturer – orders sought by consent – appropriateness of penalty.
Competition and Consumer Act 2010 (Cth) ss 224, 232, 246; Evidence Act 1995 (Cth) s 191
Australian Consumer Law ss 18, 29(1)(m), 54; Federal Court of Australia Act 1976 (Cth) ss 21, 43.
Dover v Lewkovitz [2013] NSWCA 452
PERSONAL PROPERTY - assignment of bare right to damages constituted by rights arising under or out of a lease - assignee a beneficiary under a discretionary trust which indirectly owned shares in assignor company - whether assignee had a "genuine commercial interest" in the rights - Trendex Trading Corporation v Credit Suisse [1982] AC 679 - whether necessary for the existence of a relevant genuine commercial interest that the assignee has a pre-existing legal right against the assignor.
Australian Consumer and Competition Commission v Camavit Pty Ltd [2013] FCA 1397
CONSUMER LAW – Consumer guarantee provisions misleading or deceptive conduct – representations about the existence, exclusion or effect of a guarantee, right or remedy – admitted contraventions – agreed orders – whether orders appropriate – whether civil penalty within appropriate range – compliance program.
K-Generation Pty Limited v Liquor Licensing Court [2009] HCA 4 (2 February 2009)
Constitutional law (Cth) – Chapter III – Judicial power – Vesting of federal jurisdiction in State courts – Whether Licensing Court of South Australia a "court of a State" within meaning of s 77(iii) of Constitution – Whether Licensing Court invested with federal jurisdiction by s 39(2) of Judiciary Act 1903 (Cth) ("Judiciary Act") – Integrity of State courts – Requirement of impartiality and independence for repository of federal jurisdiction – Statutes – Interpretation – "Criminal intelligence" defined to include information which "could reasonably be expected" to prejudice criminal investigations.