Patterson, A H v Middle Harbour Yacht Club & Anor [1996] FCA 172

CATCHWORDS EMPLOYMENT LAW - summary dismissal - contract of employment - construction - termination provisions of industrial award not applicable - contract for fixed term. DAMAGES - wrongful dismissal - damages taxable as eligible termination payment - allowance for taxation. NSW Cancer Council v Sarfaty (1995) 28 NSWLR 68 applied ALAN HARRY PATTERSON v MIDDLE HARBOUR YACHT CLUB & ANOR No. NG 678 of 1993 Coram:Whitlam J Place: Sydney Date: 20 March 1996

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 678 of 1993 ) GENERAL DIVISION ) ALAN HARRY PATTERSON Applicant MIDDLE HARBOUR YACHT CLUB First Respondent ANTHONY DAVID HILL Second Respondent Coram:Whitlam J Place: Sydney Date: 20 March 1996 MINUTES OF ORDER THE COURT ORDERS THAT: The first respondent pay to the applicant $156,065.44. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 678 of 1993 ) GENERAL DIVISION ) ALAN HARRY PATTERSON Applicant MIDDLE HARBOUR YACHT CLUB First Respondent ANTHONY DAVID HILL Second Respondent Coram:Whitlam J Place: Sydney Date: 20 March 1996 REASONS FOR JUDGMENT Introduction The applicant, Alan Patterson, was formerly employed as the Secretary Manager of the first respondent, Middle Harbour Yacht Club ("the Club"), which is a company limited by guarantee. The business and affairs of the Club are managed by a Committee. The senior office on the Committee is that of Commodore. The second respondent, Tony Hill, used to be the Commodore of the Club. In this proceeding Mr Patterson claims against the Club for breach of his employment contract, and he also claims against both the Club and Mr Hill for contraventions of the Trade Practices Act 1974 and the Fair Trading Act 1987