Dodds v Premier Sports Australia Pty Ltd & Ors [2003] NSWSC 948

New South Wales Supreme Court

CITATION : Dodds v Premier Sports Australia Pty Ltd & Ors [2003] NSWSC 948 HEARING DATE(S) : 25 to 29 August, and 1 September, 2003 JUDGMENT DATE : 24 October 2003

JURISDICTION: Equity Division Commercial List JUDGMENT OF : Palmer J DECISION : Plaintiff's claims for relief dismissed; declarations as sought by Defendants.

CATCHWORDS : CONTRACT - EMPLOYMENT - Plaintiff engaged by United States corporation to manage pay television business - employment contract provided a very substantial termination benefit - control of the business changed and the United States corporation ultimately had no further interest in the business - Plaintiff continued to work in business - no express or oral employment contract with subsequent employer - new employer had no knowledge of the termination benefit in former contract with United States corporation - whether former contract, including termination benefit provision, "assigned" to new employer - whether new contract was made with new employer which by implication incorporated all the terms of the former contract, including the termination benefit. HELD: Plaintiff's contract with subsequent employer did not include the termination benefit provided in former contract of employment. LEGISLATION CITED : Industrial Relations Act 1996 (NSW) - s.106 Corporations Law - s.232, s.237 - BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 - Byrne & Frew v Australian Airlines Ltd (1995) 185 CLR 410 CASES CITED : - Hawkins v Clayton (1988) 164 CLR 539 - Premier Sports Australia Pty Ltd v Dodds [2001] NSWSC 707 - Carter & Harland "Contract Law in Australia" (4th Ed., para 909) David James Maitland Dodds - Plaintiff (50060/03); Defendant (50059/03) PARTIES : Premier Sports Australia Pty Ltd - First Defendant (50060/03); First Plaintiff (50059/03) Sports Investments Australia Pty Ltd - Second Defendant (50060/03); Second Plaintiff (50059/03) News Limited - Third Defendant (50060/03); Third Plaintiff (50059/03) FILE NUMBER(S) : SC 50060/03; 50059/03 COUNSEL : N.A. Cotman SC, P.R. Glissan - Plaintiff (50060/03); Defendant (50059/03) M.A. Pembroke SC, N.J. Beaumont - Defendants (50060/03); Plaintiffs (50059/03) SOLICITORS : Anthony J. Restuccia - Plaintiff (50060/03); Defendant (50059/03) Allens Arthur Robinson - Defendants (50060/03); Plaintiffs (50059/03)