John Burke Mulford v AW Butterell and Others as Partners of Grant Thornton Chartered Accountants [2001] NSWIRComm 137

Industrial Relations Commission of New South Wales in Court Session

CITATION : John Burke Mulford v AW Butterell and Others as Partners of Grant Thornton Chartered Accountants [2001] NSWIRComm 137 APPLICANT: John Burke Mulford

RESPONDENTS: Arthur William Butterell William H Chapman Robert J Butterell Brian N Treleaven PARTIES : Richard N Moffitt Bruce R Gordon Terry R Groth A Graham Watman Peter R Brook Bruce T Crowley Ken W Gunderson-Briggs Robert M Quant James Morrison FILE NUMBER: 4339 of 1999 CORAM: Schmidt J CATCHWORDS : Unfair contract - salaried partner - partnership - whether the applicant was an employee of the partnership - partnership found - repudiation of partnership - claims for notice and outstanding payments of salary long service leave and annual leave - notice of termination of 12 months - monetary orders - set off in relation to outstanding loan account and earnings in new practice for former clients of partnership - agreement varied ab initio to require regular payment of salary and notice of termination Annual Holidays Act 1944 LEGISLATION CITED : Industrial Relations Act 1996 Long Service Leave Act 1955 Partnership Act 1892 Abboud v The State of New South Wales (Department of School Education) (No.2) [2000] NSWIRComm 110 Cox v Hickman [1860] VIII HLC 267 CASES CITED : DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1977) 138 CLR 423 Kelly v Tucker (1907) 5 CLR 1 Watson v Haggitt [1928] AC 127 HEARING DATES: 07/24/2000; 07/25/2000; 11/29/2000; 04/05/2001; 04/06/2001 DATE OF JUDGMENT: 06/18/2001