NSW Caselaw
New South Wales Supreme Court
CITATION : Andrew Hennessey v Architectus Group Holdings Pty Ltd [2010] NSWSC 1390
HEARING DATE(S) : 13 September 2010
JUDGMENT DATE : 6 December 2010
JUDGMENT OF : Slattery J at 1
DECISION : See paragraphs 78 of judgment.
CATCHWORDS : CONTRACT - contract of employment - terms of contract - whether contract terminable only after two years or terminable on reasonable notice - whether document passing between parties after employment commenced is incorporated in to their contract - whether consideration for variation to their agreement - whether form of agreement should be rectified to delete clause providing for minimum two year term of employment. - HELD - contract terminable only after two years - no common intention to have other than a minimum two year term of employment - determination of issues relating to assessment of damages
CATEGORY : Principal judgment
Commissioner of Stamp Duties (NSW) v Carlenka Pty Ltd (1995) 41 NSWLR 329 Earl of Bradford v Earl of Romney (1862) 54 ER 956 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Foakes v Beer (1884) 9 App Cas 605 CASES CITED : Fowler v Fowler (1859) 45 ER 97 Frederick E Rose (London) Limited v William H Pim Junior & Co Limited (1953) 2 QB 450 Joscelyne v Nissen [1970] 2 QB 86 MacKenzie v Coulson (1869) LR8Eq 368 Ryledar Pty Limited v Euphoric Pty Limited (2007) 69 NSWLR 603 Sells v Sells (1860) 62 ER 294
TEXTS CITED : Equity: Doctrines and Remedies, Meagher Gummow and Lehane, Butterworths, Lexis Nexis, (2002)
PARTIES : Plaintiff-Andrew Hennessey Defendant- Architecus Group Holdings Pty Ltd
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