MURRAY v. DONNELLY & ANOR [2000] NSWSC 634

Reported Decision : (2000) 34 ACSR 630

New South Wales Supreme Court

CITATION : MURRAY v. DONNELLY & ANOR [2000] NSWSC 634 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 1673/00 HEARING DATE(S) : 13/06/00 JUDGMENT DATE : 6 July 2000

Graham Murray - Pltf PARTIES : Max Christopher Donnelly - 1st Dft North Sydney District Rugby League Football Club Ltd - 2nd Dft JUDGMENT OF : Bryson J at 1

COUNSEL : J. Johnson for Pltf P. Wood - 1st Dft SOLICITORS : Nash O'Neill Tomko for Pltf Henry Davis York for 1st Dft CATCHWORDS : CORPORATIONS - administration - appeal from rejection of proof of debt - proof of debt - EMPLOYMENT - SPORT and RECREATION - Rugby League coach - the plaintiff appealed against rejection of proof of debt under Deed of Company Administration for Norths Rugby League Club - by written agreement of 3/2/099, Norths agreed to contract plaintiff as coach - contract was to be a later document to be entered into by 30/11/99 - no contract was entered into and Norths passed into Administration and joint venture with Manly and impliedly repudiated the agreement - plainitff obtained employment as coach of Easts at lower remuneration - question whether employment had commenced before Administration - found it had not - questions of construction of agreement - question of implications about the term of the proposed employment and termination on notice - assessment of damages for breach by accepted repudiation - decision on terms of parties' documents - appeal allowed and admitted to proof for $65,000 damages. Tanning Research Laboratories Inc v. O'Brien (1990) 169 CLR 332 CASES CITED : New South Wales Cancer Council v. Sarfaty (1992) 28 NSWLR 68 Cutter v. Powell (1795) 6 Term Rep 320, 101 ER 573 DECISION : Appeal allowed, admitted to prove for $65,000