NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Millichamp v Pharmacy Platform Pty Ltd [2024] NSWSC 1236 Hearing dates: 26 March 2024 Date of orders: 2 October 2024 Decision date: 02 October 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court declares that the Deed between the plaintiff in these proceedings and Apotex Pty Ltd (ACN 096 916 148) and Apotex Inc does not release, discharge or indemnify Pharmacy Platform Pty Ltd, the defendant in these proceedings, from any claim by the plaintiff against the defendant in these proceedings in relation to or arising out of the Contract of Employment between the plaintiff and the defendant in these proceedings. (2) The defendant shall pay the plaintiff's costs of and incidental to the determination of this issue. (3) Leave is granted for the parties to approach the Court for further directions. Catchwords: Contracts – employment contracts –– breach of contract – consequences of breach – liability – right to damages Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Goldsborough Mort & Co Ltd v Carter (1914) 19 CLR 429; [1914] HCA 80 HDI Global Speciality SE v Wonkana No 3 Pty Ltd (2020) 104 NSWLR 634; [2020] NSWCA 296 Hospital Products Limited v United States Surgical Corp (1984) 156 CLR 41; [1984] HCA 64 International Air Transport Association v Ansett Australia Holdings Limited (2008) 234 CLR 151; [2008] HCA 3 Mannai Investments v Eaglestar Life Assurance Co Ltd [1997] A.C. 749 Moschi v Lep Air Services; Lep Air Services v Rolloswin [1973] AC 331 QBE Insurance Australia Ltd v Vasic [2010] NSWCA 166 Schuler v Wickman Machine Tool Sales Ltd [1974] A.C. 235 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Category: Principal judgment Parties: Roger Millichamp (Plaintiff) Pharmacy Platform Pty Ltd (Defendant) Representation: Counsel: D J Williams AM KC (Plaintiff) S Prince SC with E Bathurst (Defendant)
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