Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CONTRACT Đ employment Đ relocation of employee overseas - identity of employer within a world wide group of companies - change of employer when new contract signed Đ terms - construction of contract Đ whether there was a term that employment be for four years or that the employer had a long term commitment to the employee ĐĐ whether term allowing three months notice of termination reflected the intentions of the parties - summary dismissal Đ whether conduct constituted unprofessional behaviour or misconduct Đ motive for conduct as a factor in determining misconduct
TRADE PRACTICES Đ misleading and deceptive conduct Đ whether representations made Đ representations as to future matters Đ whether representations made on reasonable grounds
DAMAGES Đ breach of contract Đ employee entitled to damages in lieu of three months notice Đ whether grossing up for Australian taxation purposes is appropriate
Trade Practices Act 1974 (Cth) ss 51A, 52, 53B, 75B and 82
Blyth Chemicals Ltd v Bushnell (1933) 49 CLR 66
Laws v London Chronicle (Indicator Newspapers) Ltd (1959) 1 WLR 698
Futuretronics International Pty Ltd v Gadzhis [1992] 2 VR 217
SHELDRICK v W T PARTNERSHIP (AUST) PTY LIMITED & ORS
NG 839 of 1995
EINFELD J
SYDNEY
7 SEPTEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 839 of 1995
BETWEEN: GRAHeMe SHELDRICK
Applicant
AND: W T PARTNERSHIP (AUST) PTY LIMITED
First Respondent
WTp (HONG KOnG) LTD TRADING AS W T PARTNERSHIP
Second Respondent
PAUL ANDREW LOWNDES
Third Respondent
JUDGE: EINFELD J
DATE OF ORDER: 7 september 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Judgment be entered in favour of the applicant against the second and third respondents in the amount of $253,000 representing damages of $181,000 plus interest of $72,000
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