NSW Caselaw
New South Wales Court of Appeal
CITATION: Irving & Ors. v. Kleinman [2005] NSWCA 116
HEARING DATE(S): 22 March 2005
JUDGMENT DATE: 18 April 2005
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 36; Tobias JA at 37
DECISION: 1. Leave to appeal granted, Notice of Appeal to be filed within 7 days. 2. Appeal allowed. 3. Paragraphs 16, 17, 19 and 20 of the Amended Statement of Claim struck out, the opponent to have liberty to re-plead the contract and tort claims generally in accordance with these reasons. 4. Opponent to pay claimants' costs of the leave application and the appeal, and to have a Suitors' Fund Act certificate if otherwise eligible.
CATCHWORDS: EMPLOYMENT LAW - Employment and conditions of service - Contract of employment - Implied terms - Terms concerning relationship of trust - Whether applies to disciplinary proceedings - Whether employer might have a duty of care relevant to such proceedings.
Teaching Services Act 1980, ss.37, 38, 82-84 LEGISLATION CITED: Teaching Services (Education Teaching Service) Regulation 1994, regs.13-16
Eastwood v. Magnox Electric plc [2004] 3 WLR 322 General Steel Industries Inc. v. The Commissioner for Railways (NSW) (1964) 112 CLR 125 CASES CITED: Heptonstall v. Gaskin (no.2) [2005] NSWSC 30 Hollingsworth v. Commissioner of Police (1999) 47 NSWLR 151 State of New South Wales v. Paige [2002] NSWCA 235, 60 NSWLR 371
Paul Irving - 1st claimant Jennifer Williamson - 2nd claimant PARTIES: State of New South Wales - 3rd claimant Monica Kleinman - opponent
FILE NUMBER(S): CA 40458/04
Mr. P. Menzies QC with E. Krug for the claimants COUNSEL: Mr. D. Kennedy SC with A. Hourigan for the opponent
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