Symons v White (Sydney Catholic Schools) [2018] FCA 949

FEDERAL COURT OF AUSTRALIA

Symons v White (Sydney Catholic Schools) [2018] FCA 949 Appeal from: Symons v Dr Daniel J White as Executive Director of Catholic Schools T/A Sydney Catholic Schools [2017] FCCA 2829

File number: NSD 2108 of 2017

Judge: BROMWICH J

Date of judgment: 29 June 2018

Catchwords: CONTRACTS – whether primary judge erred in finding no objective intention to enter into enforceable contract, as per test in Ermogenous v Greek Orthodox Community of South Australia Inc [2002] HCA 8; 209 CLR 95 – whether primary judge erred in finding that contract, if formed, was subject to condition disentitling appellant to termination payment – whether, in the alternative, if condition did exist, primary judge erred in finding appellant in breach of condition – whether evidence suggested intention to enter into binding contract or merely invitation to treat – held: error on part of primary judge established in relation to contract formation and existence of condition – held: valid and binding contract existed which respondent has breached – held: no condition disentitling appellant to termination payment existed – obiter: even if condition had existed, there would have been no breach PRACTICE AND PROCEDURE – where primary judge failed to give sufficient reasons – where primary judge relied upon evidence that did not exist, failed to have regard to important existing evidence, made adverse findings of credit and unavailable inferences – consequences of inappropriate use of ex tempore judgment delivery, including shifting primary judicial function to appeal court on rehearing and increasing delay in final resolution of dispute