Tardent v Stirling House [2005] NSWLC 6

Local Court of New South Wales

CITATION: Tardent v Stirling House [2005] NSWLC 6 JURISDICTION: Civil PARTIES: Timothy Tardent Stirling House (Guildford) Pty Ltd FILE NUMBER: 6124/03 PLACE OF HEARING: Downing Centre DATE OF DECISION: 03/29/2005 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Contract - Claim for unpaid commission - Whether terms varied - Whether commission payable to employee after termination of - employment LEGISLATION CITED: Codefa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Federal Commissioner of Taxation v Sara Lee Household & Body Care (Australia) Ltd (2000) 172 ALR 346 CASES CITED: Graycombe Associates Ltd v Northern Stag Industries Ltd (1976) 73 DLR (3d) 241 at 245 Jonel v Dunkel (1959) 101 CLR 298 L G Thorne & Co Pty Ltd v Thomas Borthwick & Sons (Australasia) Ltd (1955) 56 SR (NSW) 81 Sellers v London Counties Newspapers [1951] 1 KB 784 REPRESENTATION: Mr Andrew Jungwirth i/b AR Neilson for Plaintiff Mr Miles Condon for Defendant ORDERS: 1. Verdict and Judgment for the plaintiff in the sum of $395.00.; 2. Plaintiff to pay defendant's costs in the sum agreed within 28 days or as assessed.

JUDGMENT

1. The plaintiff was, between January 2001 and August 2002, a sales representative or "accounts manager" for the defendant company, Corporate Sports Australia Pty Ltd ("CSA"). The company was then, and remains, engaged in what it calls the "corporate hospitality" industry. In plain English, its business was to sell the use of the facilities of corporate boxes in sports stadiums at major sporting events, such as the Australian Rules Grand Final, the Rugby League State of Origin Series, Rugby Union Test matches, Grand Prix racing events and the like to companies and business leaders. The accounts managers were employed to make the direct sales of "packages" to corporations for these events.