NSW Caselaw
New South Wales Supreme Court
CITATION : Gutnick v Bondi Mizrachi Synagogue [2009] NSWSC 257
HEARING DATE(S) : 31 March 2009
JUDGMENT DATE : 31 March 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 31 March 2009
DECISION : Refer to para 44 of judgment.
CATCHWORDS : EMPLOYMENT LAW - the contract of service and rights, duties and liabilities as between employer and employee - duration and termination of employment - Plaintiff seeks interlocutory injunction to restrain members of defendant company from voting to terminate his employment as rabbi – a serious question to be tried that an implied term of the contract is that the plaintiff is entitled to life tenure – a serious question to be tried that the plaintiff at final hearing would be entitled to specific performance or an injunction to restrain the termination of the contract without the parties first having had the dispute determined in accordance with Jewish law – damages would not necessarily be an adequate remedy - balance of convenience favours grant of interlocutory relief
Engel v The Adelaide Hebrew Congregation Incorporated [2007] SASC 234; (2007) 98 SASR 402 CASES CITED : Davies v The Presbyterian Church of Wales [1986] 1 WLR 323 Tradition Australia Pty Ltd v Gunson [2006] NSWSC 298; (2006) 152 IR 395
TEXTS CITED : R P Meagher, J D Heydon & M J Leeming: Meagher, Gummow and Lehane's Equity Doctrines and Remedies, 4th ed (2002)
Rabbi Moshe David Gutnick PARTIES : v Bondi Mizrachi Synagogue
FILE NUMBER(S) : SC 2047/09
COUNSEL : Plaintiff: I M Neil SC & D W Chin Defendant: J Stoljar SC & D Sulan
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