Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor [2008] NSWIRComm 146

Industrial Court of New South Wales

CITATION: Windrum and Anor v Matrix Healthcare Pty Ltd t-as Combined Pathology and Anor [2008] NSWIRComm 146

FIRST APPELLANT Graham Windrum

SECOND APPELLANT Monkerai Pathology Services Pty Ltd PARTIES: FIRST RESPONDENT Matrix Healthcare Pty Ltd t/as Combined Pathology

SECOND RESPONDENT Peter John Court

FILE NUMBER(S): IRC 36 of 2008

CORAM: Boland J President; Haylen J; Backman J

Appeal - Leave to appeal - Unfair contract - Contract between pathologist and his service company and pathology company - Contract terminated summarily - Claim for relief dismissed at first instance - Whether first appellant consented to variation of contract - Whether first appellant overcharged respondents for services - Whether first appellant passed on confidential business information to a business competitor in breach of contract - whether first appellant's behaviour and work performance were such as to provide grounds for summary termination of the contract - Whether first appellant was accorded procedural fairness by the respondents in their decision to summarily terminate the contract - Unfairness found on appeal - Notice - Mitigation - Contract varied - Compensation ordered. CATCHWORDS: Unfair contract - Appeal - Contract between pathologist and his service company and pathology company - Contract terminated summarily - Claim for relief dismissed at first instance - Whether first appellant consented to variation of contract - Whether first appellant overcharged respondents for services - Whether first appellant passed on confidential business information to a business competitor in breach of contract - whether first appellant's behaviour and work performance were such as to provide grounds for summary termination of the contract - Whether first appellant was accorded procedural fairness by the respondents in their decision to summarily terminate the contract - Unfairness found on appeal - Notice - Mitigation - Contract varied - Compensation ordered.