MARIAN V. FREMANTLE FISHERMEN'S CO-OPERATIVE SOCIETY LIMITED

1928/85

W. M, Housrox, Govt. Priat., Melb,

IN THE HIGH COURT OF AUSTRALIA ;

| ' j Vz REASONS FOR JUDGMENT \

Judgment delivered at... SYSMEV. on... Thursdays.4th November _

MARIAN

Ve

FREMANTLE FISHERMEN'S CO-OPERATIVE SOCIETY LTD.

ORDER

Appeal dismissed with costs.

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MARTAN

Ve

RANE ee 's IVE

IXON Code

aces

This is an appeal from Wolff S.P.J. dismissing an action brought by Marien against the Fremantle Fishermen's Co-operative Society Limited whereby he sought to recover from the Society under an oral agreement which he alleged to have been made on the llth June 1955 (i) a sum to be quantified by calculating one-third of one per centum of the total business of the Society for the year ended 30th June 1955, as the balance of his remuneration as secretary and general manager of the Society; and (11) £3500 as a retiring allowance.

Marian had been employed as the Society's secretary and general manager for five years from 1st July 1954 under a contract in writing dated 30th July 1954. Clause 9 of this agreement made the following provision for his remuneration: "The Secretary shall be paid by the Society a yearly salary of ONE THOUSAND EIGHT HUNDRED AND THIRTY EIGHT POUNDS (£1,838) and also one third per centum on the total turnover of all the business of the Society payable on the 30th day of June in each and every year or as may be agreed between the parties hereto." On llth June 1955 Marian's employment came to an end in circum- stances that will have to be considered more fully later, but before this occurred he had, in May, received the sum of £1838, being the fixed part of his remumeration for the year up to 30th June 1955, but there is no suggestion that any date was sub- stituted for 30th June for the purposes of clause 9 of the agreement and it is common ground that the payment of £1838 was made simply in anticipation of 30th June,