NSW Caselaw
New South Wales Supreme Court
CITATION : Sturesteps v A G McGrath & ors [2010] NSWSC 169
HEARING DATE(S) : 15-19 February 2010 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 19 February 2010
DECISION : The subsidiary (defendant) was the employer. Service with the holding company would in any event have been qualifying service for redundancy pay purposes. Mr Sturesteps did not resign. Parties to bring in short minutes.
CATCHWORDS : EMPLOYMENT LAW – identification of true employer – where formal written agreement with holding company but remuneration etc paid by a subsidiary and other indicia of subsidiary as employer – construction – redundancy pay clause – where surrounding circumstances favour wider construction despite narrow definition – resignation – whether acts amount to resignation
LEGISLATION CITED : (CTH) Corporations Law, s 237
CATEGORY : Principal judgment
Deputy Commissioner of Taxation v Robinswood Pty Limited [2005] WASC 67 CASES CITED : Pacific Carriers Limited v BNP Paribas (2004) 218 CLR 451 Pitcher v Langford (1991) 23 NSWLR 142
2006/258096 George Osvald Sturesteps (plaintiff) Anthony Gregory McGrath (first defendant) PARTIES : Christopher John Honey (second defendant) HIH Casualty & General Insurance Ltd (in Liq) (third defendant) 2006/258096 HIH Overseas Holdings Ltd (in Liq) (plaintiff) Beryl Donna Sturesteps (defendant)
FILE NUMBER(S) : SC 2006/258096; 2003/082973
2006/258096 COUNSEL : BW Rayment QC w A Metcalfe (plaintiff) ST White SC w RM Foreman (defendants)
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