Saridas v Papuan Oil Search Ltd (No 2) [2022] NSWSC 1032

Supreme Court New South Wales

Medium Neutral Citation: Saridas v Papuan Oil Search Ltd (No 2) [2022] NSWSC 1032 Hearing dates: 10 June 2022 Date of orders: 1 August 2022 Decision date: 01 August 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Pursuant to Rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW), the Plaintiff's claims as outlined below are dismissed: a. The claims relating to breaches of the contract of employment and repudiatory conduct as contained in paragraphs 5 to 15 and 26 of the Plaintiff's amended statement of claim filed 6 April 2022 (Statement of Claim); b. The claim that the Deed of Release executed by the parties dated 19 November 2020 (Deed of Release) is void and of no effect as contained in paragraph 24 of the Statement of Claim; c. The claim that the Deed of Release had an implied term as contained in paragraph 19 of the Statement of Claim; and d. The claims relating to alleged contraventions of Part 9.4AAA of the Corporations Act 2001 (Cth) as contained in paragraph 34. 2. Paragraphs 35 and 36 of the Plaintiff's amended statement of claim be amended: a. By inserting the introductory words "After the Deed of Release was entered" into paragraph 35; and b. deleting the words "34 and" in paragraph 36. 3. The Defendant is to file and serve any submissions in reply on the question of costs of the strike out/dismissal motion filed 2 May 2022, by 15 August 2022. 4. The Plaintiff is to file and serve a further Amended Statement of Claim by 22 August 2022; 5. The Plaintiff is to inform the Defendant which categories of the Notice to Produce dated 22 March 2022 (NTP) are pressed by 26 August 2022; 6. The parties are then to confer on what remains in issue. 7. The Defendant is to file and serve a further Amended Defence to the further Amended Statement of Claim by 12 September 2022; 8. The Defendant is to file and serve submissions in relation to its Notice of Motion filed 1 April 2022 (NTP Notice of Motion) by 16 September 2022; 9. The Plaintiff is to file and serve submissions in reply relating to the NTP Notice of Motion by 30 September 2022; 10. The Plaintiff is to file and serve any Reply to the further Amended Defence by 3 October 2022; 11. The matter be listed for a hearing to determine the question of costs and the Defendant's NTP Notice of Motion on a date to be determined by the Court at 10 am on 12 October 2022; and 12. Liberty to restore the matter to the list on 1 days' notice. Catchwords: CIVIL PROCEDURE — parties directed to confer on orders — order in issue — order that statement of claim be amended to reflect findings of prior judgement Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Cases Cited: Saridas v Papuan Oil Search Ltd [2022] NSWSC 825 Category: Procedural rulings Parties: Aynet Saridas (Plaintiff) Papuan Oil Search Ltd (Defendant) Representation: Counsel: D Hooke SC (Plaintiff) D O'Dowd (Plaintiff) I Neil SC (Defendant) B Rauf (Defendant)