Rudge v The Crown in the right of the State of New South Wales acting through the Secretary of the Department of Customer Service; Wynn v The Crown in the right of the State of New South Wales acting through the Secretary of the Department of Customer Service [2020] NSWSC 1422

Supreme Court New South Wales

Medium Neutral Citation: Rudge v The Crown in the right of the State of New South Wales acting through the Secretary of the Department of Customer Service; Wynn v The Crown in the right of the State of New South Wales acting through the Secretary of the Department of Customer Service [2020] NSWSC 1422 Hearing dates: 6, 7, 8 October 2020 Decision date: 15 October 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the parties to provide to my Associate short minutes of order to give effect to these reasons within seven days hereof. (2) Order, subject to any application by the plaintiffs in writing to my Associate within seven days that their costs be paid on a higher basis, the defendant to pay the plaintiffs' costs of the proceedings. (3) Grant liberty to apply to restore the matter before me on three days' notice. Catchwords: CONTRACTS — Formation — Where each plaintiff alleges a contract was concluded with the defendant incorporating certain terms of an Enterprise Agreement entitling them to private use of a motor vehicle — Where defendant denies such a contract — Whether requisite intention to create legal relations — Whether consideration flowed from the plaintiffs CONTRACTS — Parties — Privity — Agency — Where defendant claims that any alleged contract must have formed between defendant and plaintiffs' union — Whether union acted as a principal or agent for the plaintiffs EMPLOYMENT AND INDUSTRIAL LAW — Contract — Unfair contracts — Where plaintiffs' contracts of employment said to be unfair because certain terms not incorporated despite defendant's representation to the contrary — Position of other employees performing same work CONTRACTS — Formation — Promissory estoppel — Controversy as to application of doctrine in New South Wales — Where defendant gave an assurance to plaintiffs of a continuing entitlement to a motor vehicle — Where defendants later sought to withdraw that entitlement — Where plaintiffs claim they did not seek alternative employment in reliance on the assurance — Whether defendant is estopped from departing from its assurance Legislation Cited: Evidence Act 1995 (NSW), s 131 Industrial Relations Act 1991 (NSW) (rep), s 124 Industrial Relations Act 1996 (NSW), ss 3, 11, 35, 84, 106, 132, sch 4 Motor Dealers Act 1974 (NSW) (rep) Motor Dealers and Repairers Act 2013 (NSW) Motor Vehicle Repairs Act 1980 (NSW) (rep) Public Sector Employment and Management Act 2002 (NSW), s 131 Public Sector Management Act 1988 (NSW) (rep), s 64 Cases Cited: Ansett Transport Industries (Operations) Pty Ltd v Commonwealth (1977) 139 CLR 54 at 74; [1977] HCA 71 Ashton v Pratt (2015) 88 NSWLR 281; [2015] NSWCA 12 Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337; [1982] HCA 24 Cohen v iSoft Group Pty Ltd [2012] FCA 1071 Commonwealth v Verwayen (1990) 170 CLR 394; [1990] HCA 39 Director-General of Education v Suttling (1987) 162 CLR 427; [1987] HCA 3 Equiticorp Finance Ltd (in liq) v Bank of New Zealand (1993) 32 NSWLR 50 Ford Motor Co Ltd v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303 George v The Ministry of Justice [2013] EWCA Civ 324 Gillies v Health Administration Corporation [2003] NSWIRComm 243 Hill v Forteng Pty Ltd [2019] FCAFC 105 Kell and Rigby Pty Ltd v Flurrie Pty Ltd (2006) 67 NSWLR 113; [2006] NSWSC 906 McLennan v Surveillance Australia Pty Ltd (2005) 142 FCR 105; [2005] FCAFC 46 Musumeci v Winadell Pty Ltd (1994) 34 NSWLR 723 Nock v Maddern [2018] NSWCA 239 Regional Express Holdings Ltd v Clarke [2007] FCA 957; (2007) 165 IR 251 Saleh v Romanous (2010) 79 NSWLR 453; [2010] NSWCA 274 Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127 Sidhu v Van Dyke (2014) 251 CLR 505; [2014] HCA 19 Silver v Dome Resources NL [2007] NSWSC 455 Stilk v Myrick (1809) 170 ER 1168; [1809] 2 Camp 317 T D Preece & Co Pty Ltd v Industrial Court of New South Wales [2008] NSWCA 285 Walker v Industrial Court of New South Wales (1994) 53 IR 121 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387; [1988] HCA 7 Texts Cited: Silink, Allison, "Can promissory estoppel be an independent source of rights?" (2015) 40(1) University of Western Australia Law Review 39 Category: Principal judgment Parties: 2019/37584: Christine Rudge (Plaintiff) The Crown in the right of the State of New South Wales acting through the Secretary of the Department of Customer Service (Defendant)