Foster v Parbery;Foster v Elliott [2009] NSWSC 1304

New South Wales Supreme Court

CITATION : Foster v Parbery;Foster v Elliott [2009] NSWSC 1304

HEARING DATE(S) : 14 & 15 September 2009

JUDGMENT DATE : 30 November 2009

JURISDICTION : Equity

JUDGMENT OF : White J

DECISION : Direct counsel for the parties to bring in short minutes of order in accordance with reasons.

CATCHWORDS : CORPORATIONS – proofs of debt – appeals from rejection of proofs of debt – former employee sought to prove in liquidation of two companies who each rejected proofs of debt made by him for employment entitlements – each company submitted that the other was the employer at the relevant times – identification of plaintiff's employer – transmission of business - determination of liability for superannuation contributions, redundancy pay, annual leave and accrued rostered days off – no entitlement to claim for untaken sick leave – appeals allowed - INDUSTRIAL LAW - New South Wales – identification of employer – transfer of employment requires consent of employee – plaintiff employed by new employer once he became aware of new employer and continued to work for new employer

LEGISLATION CITED : Corporations Act 2001 (Cth)

CATEGORY : Principal judgment

Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 Damevski v Guidice [2003] FCAFC 252; (2003) 133 FCR 438 CASES CITED : Textile Footwear and Clothing Union of Australia v Bellechic Pty Ltd [1998] FCA 1465 Australian Insurance Employees Union v WP Insurance Services Pty Ltd (1982) 1 IR 212 Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2000] FCA 1683; (2000) 105 FCR 88 Minister for Employment and Workplace Relations v Gribbles Radiology Pty Ltd [2005] HCA 9; (2005) 222 CLR 194