Akmeemana v Murray & ors [2009] NSWSC 979

[2010] ALMD 3090 Reported Decision : 190 IR 66 62 AILR 200-442

New South Wales Supreme Court

CITATION : Akmeemana v Murray & ors [2009] NSWSC 979

HEARING DATE(S) : 17 August 2009

JUDGMENT DATE : 29 September 2009

JUDGMENT OF : Davies J

DECISION : The parties should bring in Short Minutes of Order to reflect these reasons.

CATCHWORDS : EMPLOYMENT LAW - the contract of service and rights, duties and liabilities as between employer and employee - remedies upon breach - whether commissions could be withheld for particular breach of employment contract - whether terms implied into employment contract linking acts of performance to payment of commission - obligation of employer to make superannuation contributions - whether a term of the contract of employment - whether a failure by the employer to make contributions results in damage to employee for which damages are payable. PROCEDURE- appeal from Local Court - extension of time for bringing appeal - principles involved.

Supreme Court Rules LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules

CATEGORY : Principal judgment

Allen v Carbone (1975) 132 CLR 528 Amalgamated Collieries of WA Limited v True (1938) 59 CLR 417 Anthony v Chris Savage Pty Ltd [2003] NSWSC 698 CASES CITED : Appleby v Pursell [1975] 2 NSLWR 879 Byrne v Australian Airlines Limited (1995) 185 CLR 410 Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Currabubula v State Bank of NSW [2000] NSWSC 232 Riverwood International Australia Pty Ltd v McCormick [2000] FCA 889