Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tasmania Development & Resources v Martin [2000] FCA 414 CONTRACT - dismissal of government employee - consideration of circumstances of termination and applicability of exclusion clause, permitting termination for reasons based on the Department's "operational requirements" - analysis of phrase as an evidentiary issue - relevance of pre-contractual explanations where written phrase not ambiguous - whether manner in which undertaking operated created a factual basis necessitating the cessation of employment - latitude to be afforded to employer in identifying reasons for termination - onus of proof DAMAGES - compensation for loss of opportunity to renew contract - whether loss contemplated as consequence of wrongful repudiation by employer - accrual of opportunity contingent on performance Trade Practices Act 1974 (Cth) Tasmanian Development Act 1983 (Tas) Industrial Relations Act 1988 (Cth) Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Discussed; Distinguished Nettlefold v Kym Smoker Pty Ltd (1996) 69 IR 370 Refd to Tradax Export S.A. v Andre & Cie S.A. [1976] 1 Lloyd's L Rep 416 Refd to Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 Discussed; applied Hadley v Baxendale (1854) 9 Exch 341 Refd to TASMANIA DEVELOPMENT AND RESOURCES v STEVEN DAVID MARTIN No T 9 of 1999 LEE, COOPER, KIEFEL JJ PERTH (HEARD IN HOBART) 5 APRIL 2000
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY NO T 9 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: TASMANIA DEVELOPMENT AND RESOURCES
APPELLANT
AND: STEVEN DAVID MARTIN
RESPONDENT
JUDGES: LEE, COOPER AND KIEFEL JJ
DATE OF ORDER: 5 APRIL 2000
WHERE MADE: PERTH (HEARD IN HOBART)
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