Collinson v Paxus Australia Pty Limited (No 3) [2022] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Collinson v Paxus Australia Pty Limited (No 3) [2022] NSWSC 438 Hearing dates: 5 – 6 April 2022 Decision date: 12 April 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) The separate questions be answered as follows: 1. Did the Deed of Release entered into in May 2016 between parties including the plaintiff, the First Cross-Defendant (Transport) and the Second Cross-Defendant (Career), on its proper construction, have the effect of extinguishing any rights the plaintiff may have had to bring proceedings against Transport and/or Career for damages for psychiatric injury sustained due to bullying and verbal abuse which the plaintiff alleges he experienced at his place of work while allegedly subject to the control of Transport and/or Career? Yes. 2. Does the Settlement Agreement operate as a bar to the cross-claimant (Paxus) pursuing the first cross-claim as against the first cross-defendant (Transport), or otherwise disentitle the cross-claimant (Paxus) from the relief sought in the first cross-claim as against the first cross-defendant (Transport)? Yes. 3. Does the Settlement Agreement operate as a bar to the cross-claimant (Paxus) pursuing the first cross-claim as against the second cross-defendant (Career), or otherwise disentitle the cross-claimant (Paxus) from the relief sought in the first cross-claim as against the second cross-defendant (Career)? Yes. (2) The first defendant/cross-claimant pay the first and second cross-defendants' costs of the Settlement Agreement separate questions. (3) Reserve the costs of the Deed of Release separate question. Catchwords: CONTRACTS — Construction — Interpretation — deed of release — whether definition of "claim" should be read down — where definition narrowed by reference to subject matter — where definition not read down CONTRACTS — Construction — Interpretation — settlement agreement — whether question of interpretation could be answered before answering question of availability of equitable relief in related deed — where questions could be answered separately CONTRACTS — Construction — Interpretation — Natural and ordinary meaning — settlement agreement —where no ambiguity in interpretation CONTRACTS — Unconscionable conduct — whether it would be unconscionable for a party to rely on an agreement where a counterparty did not have legal advice — where such reliance not unconscionable Legislation Cited: Civil Liability Act 2002 (NSW) Fair Work Act 2009 (Cth), s 789FC Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Uniform Civil Procedure Rules 2005 (NSW), rr 28.2, 42.1 Workers Compensation Act 1987 (NSW), ss 151G, 151H, 151Z Workplace Injury Management Act 1998 (NSW), s 234 Cases Cited: Allied Pastoral Holdings Pty Limited v Commissioner of Taxation [1983] 1 NSWLR 1 Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99; [1973] HCA 36 Cherry v Steele-Park (2017) 96 NSWLR 548; [2017] NSWCA 295 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Collinson v Paxus Australia Pty Limited (No 2) [2021] NSWSC 1032 Grant v John Grant & Sons Pty Limited (1954) 91 CLR 112; [1954] HCA 23 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603; [2009] NSWCA 407 Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 240 CLR 45; [2002] HCA 5 South Sydney Council v Botanical Gardens [1999] NSWCA 478; (1999) 10 BPR 18,961 Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315; [2003] HCA 57 Toll (FGCT) Pty Ltd v Alphafarm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Turner v Windever [2005] NSWCA 73 Category: Procedural rulings Parties: Stephen Collinson (Plaintiff) Paxus Australia Pty Limited (First Defendant) Malvina Park Pty Ltd trading as Firths the Superannuation Lawyers (Second Defendant) Harmers Workplace Lawyers (Third Defendant) Stacks Goudkamp Pty Ltd (Fourth Defendant) David Campbell SC (Fifth Defendant) Richard Di Michiel (Sixth Defendant) Transport for New South Wales (First Cross Defendant) Career Corporation Pty Ltd (Second Cross Defendant) Representation: Counsel: A J McInerney SC / G Smith (Plaintiff) L King SC / D Kelly (First Defendant) W Fitzsimmons SC / H Grace (Second and Third Defendants) M A Jones SC / T Harris-Roxas (Fourth Defendant) M S White SC (Fifth Defendant) I Griscti (Sixth Defendant) K Andronos SC / N Hogan (First Cross Defendant) A Ahmad (Second Cross Defendant)