Andrew Hennessey v Architectus Group Holdings Pty Ltd [2010] NSWDC 61

New South Wales District Court

CITATION: Andrew Hennessey v Architectus Group Holdings Pty Ltd [2010] NSWDC 61

JUDGMENT DATE: 26 February 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I grant the order sought in paragraph 4 of Mr Hennessey's amended notice of motion of 10 November 2009, namely I strike out para 25 of Architectus' defence on the grounds that this court does not have the jurisdiction to make the order sought in para 25.

CATCHWORDS: CIVIL LAW - employment terminated contrary to term in employment contract - does the claim fall within the equitable jurisdiction of District Court of NSW - what amounts to a "ground of defence" in Law Reform (Law and Equity) Act 1972 - striking out part of Defence-is there a defence of mistake - application of principles ie strike out

LEGISLATION CITED: District Court Act 1973 s 134 Law Reform (Law and Equity) Act 1972 s 6, s 7

Bates (Thomas) and Son Limited v Wyndhams (Lingerie) Limited [1981] 1 WLR 505 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED: Misiaris v Saydels Pty Ltd (NSWSC, unreported, 10.5.89) Taylor v Johnson (1983) 151 CLR 422 United Telecasters v Hardy 23 NSWLR 323 Yahl v Bridgeport Customs Pty Ltd (NSWSC, unreported, 31.7.84)

PARTIES: Andrew Hennessey Architectus Group Holdings Pty Ltd

FILE NUMBER(S): 3629/09

COUNSEL: Mr Berwick for the plaintiff Mr Foster for the defendant

JUDGMENT

1. Mr Andrew Hennessey had discussions with Architectus Group Holdings Pty Ltd regarding a job with them. In a letter Architectus offered him the job. They said the employment agreement was included with the letter but by an oversight it was not. Mr Hennessey started work anyway. He was given a written agreement which he signed. It was called an 'Employment Deed'. After less than a year, Architectus had to reduce its staff because of what they described as "tough times". Mr Hennessey became a casualty and his employment was terminated with a month's notice.