Mann, Arnold v. The Capital Territory Health Commission [1981] FCA 180

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Vee 3

CATCHWORDS

Contract of Employment - Action by Staff Surgeon Against Hospital - Whether Agreement to Provide Adequate Suitable Work - Contract Partly Written and Partly Oral - Construction - Whether Term Implicit or to be Implied - Consequences of Contract Still in

Force - Salary Still Being Paid - Damages.

ARNOLD MANN v_ THE CAPITAL TERRITORY HEALTH COMMISSION

No. ACT G41 of 1980

Fox, Sheppard and Kelly JJ

é

Canberra.

2 3 OCT 1981

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

)

) No. ACT G41 of 1980 DISTRICT REGISTRY ) } )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ARNOLD MANN

Appellant

THE CAPITAL TERRITORY HEALTH COMMISSION ~~

Respondent

ORDER

JUDGES MAKING ORDER: Fox and Kelly JJ WHERE MADE: Canberra DATE OF ORDER: 23 OCT 1984

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The appellant pay the respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY } DISTRICT REGISTRY ; No. ACT G41 of 1980 GENERAL DIVISION }

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

ARNOLD MANN

Appellant

THE CAPITAL TERRITORY HEALTH COMMISSION ©—'.—~S

Respondent

Coram: Fox, Sheppard and Kelly JJ

Canberra. 23 OCT 1981

REASONS FOR JUDGMENT FOX and KELLY JJ:

This is an appeal from the Supreme Court of the Australian Capital Territory (Connor J). The appellant is a salaried senior specialist general surgeon employed by the respondent. He sued his employer for a breach of the contract of employment. The learned trial judge found that it was an implied term of the contract that "the defendant would furnish the plaintiff with surgical work of a quantity and kind suitable for a senior

and experienced general surgeon". The particular

contractual term relied upon was one of several alleged in the statement of claim, but in this appeal the appellant has sought only to support that found in his favour by the