SHIMMON v WANG COMPUTER PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MEAGHER, SHELLER and COLE JJA 6 September 1994, 6 September 1994 [1994] NSWCA 285 Meagher JA I will ask Mr Justice Cole to give the first judgment. Cole JA This is an appeal from his Honour Judge McDevitt. Counsel for the appellant very properly abandoned all grounds of appeal, save one. It was contended that his Honour was in error in rejecting a submission that there was an implied term which operated to prevent termination of the services of the defendant without giving reasonable notice. The alleged implied term is the contrary of an express term in what was agreed to be a written contract between the parties. Accordingly no such implied term could be implied. The result is that on that point his Honour was correct. The only other matter raised was the question of whether his Honour was correct in relation to the calculation of interest. Some four years ago his Honour indicated to the parties that if there was a mathematical mistake in his calculation they should approach him and he would correct it. They failed to do so and accordingly it is not appropriate for this Court to address that matter. In my view the appeal should be dismissed with costs. MEAGHER JA: I agree. Sheller JA I also agree. MEAGHER JA: The order of the Court therefore is that the appeal is dismissed with costs. Counsel for the Appellant: MS Wilmott Instructed by: Andrew G Stewart and Assoc Counsel for the Respondent: J Nicholas Instructed by: Baker and McKenzie