HEALTH INSURANCE COMMISSION v HANDEL; HEALTH INSURANCE COMMISSION v CRYMBLE [1997] NSWCA 143

HEALTH INSURANCE COMMISSION v HANDEL; HEALTH INSURANCE COMMISSION v CRYMBLE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER JA, SHEPPARD AJA 18 August 1997, 14 November 1997

[1997] NSWCA 143 Sheller JA, Sheppard AJA

Summons

These applications by the claimant, Health Insurance Commission, for leave to appeal from a judgment and orders of Finnane AJ, made on 2 and 9 July 1997, came before this Court on 18 August 1997. The opponents, John Richard Wells Handel and Peter Anthony Crymble, each began proceedings against the claimant alleging a contract and the breach of it in these terms:

"In January 1992 the Defendant agreed that in consideration for the Plaintiffs giving evidence and providing material to the Independent Commission against Corruption the defendant would take no steps in relation to any alleged breaches of statutory or other duty committed by the plaintiff but contrary to the terms of this agreement the Defendant dismissed the Plaintiff from its service."

Each plaintiff claimed to have suffered loss and damage as a result of the breach of contract particulars of which were:

"Tn dismissing the Plaintiff from its service the Defendant was in breach of an implied term of the contract that the Plaintiff would remain in its service for so long as he as able to perform duties of the type required of him by the Defendant."

Each opponent also made an estoppel claim in the following terms:

"Tn the alternative the Plaintiff alleges that as a result of the course of action undertaken by the Defendant, the Defendant is estopped from acting in any alleged right to dismiss the Plaintiff."

The claimant applied successfully to Master Greenwood to have each proceedings summarily dismissed. The opponents appealed. Finnane AJ allowed the appeals. The claimant seeks leave to appeal.