NSW Caselaw
41 ACSR 1 Reported Decision : 54 NSWLR 179 (2002) 20 ACLC 753
New South Wales Court of Appeal
CITATION : Fisher v Madden [2002] NSWCA 28 FILE NUMBER(S) : CA 40521 of 2001 HEARING DATE(S) : 08/02/01 JUDGMENT DATE : 21 March 2002
Karen Fisher PARTIES : v Martin Madden as Receiver and Manager of Dataflow Computer Services Pty Limited JUDGMENT OF : Meagher JA at 1; Sheller JA at 17; Beazley JA at 48
LOWER COURT JURISDICTION : Supreme Court LOWER COURT SC 1828 of 2001 FILE NUMBER(S) : LOWER COURT Windeyer J JUDICIAL OFFICER :
COUNSEL : A: I Neil R: R Weber SC with G Rich SOLICITORS : A: Haywards R: Coudert Brothers CATCHWORDS : Order of priorities set by s 433(3)(c) of Corporations Law - s 106 of Industrial Relations Act 1996 - whether the Industrial Relations commission could retrospectively vary a contract of employment between a company and its employee - whether company was required to make a retrenchment payment to employee - characterisation of "retrenchment payment" within the meaning of s 556(1)(h) of Corporations Law - appeal dismissed with costs. Industrial Relations Act 1996 LEGISLATION CITED : Industrial Arbitration Act 1940 Corporations Law DECISION : 1. Appeal dismissed; 2. the appellant to pay the respondent's costs of the appeal; 3. to the extent that the respondent has incurred costs in this appeal not recoverable under order 2, such costs to be paid out of the assets in his hands as receiver.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate