Lythgoe v Baycorp Advantage Ltd [2004] FCA 1198

FEDERAL COURT OF AUSTRALIA

Lythgoe v Baycorp Advantage Ltd [2004] FCA 1198

TRADE PRACTICES –misleading or deceptive conduct – fixed term contract of employment – whether company represented that applicant would be paid nine months' remuneration in event that no permanent position could be found – whether such representation if made "in trade or commerce" – whether if not "in trade or commerce", representation amounted to collateral contract – whether applicant employed by new employer on contract of indefinite duration – breach of contract – whether applicant wrongfully dismissed – whether applicant entitled to reasonable notice or payment in lieu – identity of employer – whether applicant entitled to additional bonus payment under terms of contract

Trade Practices Act 1974 (Cth) ss 51A, 52, 75B and 82 Federal Court of Australia Act 1976 (Cth) ss 21, 22 and 32

Walker v Salomon Smith Barney Securities Pty Limited [2003] FCA 1099 at [180] referred to McCormick v Riverwood International (Australia) Pty Ltd (1999) 167 ALR 689 referred to Quinn v Jack Chia (Australia) Ltd [1992] 1 VR 567 referred to Kilburn v Enzed Precision Products Pty Ltd (1988) 4 VIR 31 referred to Rankin v Marine Power International Pty Ltd (2001) 107 IR 117 referred to Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 referred to Martin v Tasmania Development and Resources (1999) 163 ALR 79 referred to Hoyt's Proprietary Ltd v Spencer (1919) 27 CLR 133 referred to Nokes v Doncaster Amalgamated Collieries Limited [1940] AC 1014 referred to Finance Sector Union of Australia v Commonwealth Bank of Australia (2001) 111 IR 241 at [64] referred to Fisher v Edith Cowan University (No 2) (1997) 72 IR 464 referred to D'Ortenzio v Telstra Corporation (No 2) (1998) 82 IR 52 referred to Dresna Pty Ltd v Misu Nominees Pty Ltd [2004] FCAFC 169 referred to Village Building Company Limited v Canberra International Airport Pty Limited [2004] FCAFC 240 referred to