NSW Caselaw
New South Wales Supreme Court
CITATION : Jago v Coastalwatch Pty Limited [2009] NSWSC 594
HEARING DATE(S) : 2, 3 June 2009
JUDGMENT DATE : 26 June 2009
JUDGMENT OF : Gzell J
DECISION : Plaintiff's employment contract concluded before documentation was for a fixed term and included an option to take up shares at a fixed price. Defendant in breach of contract in rendering position redundant and in failing to transfer shares.
CATCHWORDS : CONTRACTS - General Contractual Principles - Offer and Acceptance - verbal negotiations to appoint managing director - whether for a fixed term - whether option to acquire shares for stated price - shareholder agreement to be drawn up - whether concluded contract before documentation - whether subject to conditions precedent - whether plaintiff or defendant repudiated contract
LEGISLATION CITED : Supreme Court Act 1970 Uniform Civil Procedure Rules 2005
CATEGORY : Principal judgment
Masters v Cameron (1954) 91 CLR 353 G R Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631 R.T. & Y.E. Falls Investments Pty Ltd v The State of New South Wales & Ors [2001] NSWSC 1027 CASES CITED : B Seppelt & Sons Limited v Commissioner for Main Roads (1975) 1 BPR 9147 Tasman Capital Pty Ltd v Sinclair & Anor [2008] NSWCA 248 Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Azzi & Ors v Volvo Car Australia Pty Ltd [2007] NSWSC 319
Malcolm Jago (Plaintiff) PARTIES : Coastalwatch Pty Limited (First Defendant) Crown Financial Pty Limited (Second Defendant)
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