Byrne v Macquarie Group Services Australia Pty Ltd [2010] NSWSC 417

New South Wales Supreme Court

CITATION : Byrne v Macquarie Group Services Australia Pty Ltd [2010] NSWSC 417

HEARING DATE(S) : 9 April 2010

JUDGMENT DATE : 7 May 2010

JURISDICTION : Equity

JUDGMENT OF : Tamberlin AJ

DECISION : Construction questions answered in favour of the defendant. Both strike out applications dismissed.

CATCHWORDS : CONTRACT – determination of separate question – employment contract terminated – whether "ceases" employment includes termination by employer - CONTRACT – determination of separate question – employment contract terminated – whether employee entitled to retained profits and unvested options in circumstances where employment is terminated by employer - CONTRACT – employment contract – strike-out application – Contracts Review Act 1980 (NSW), s 6(2) – restrictions on grant of relief – whether "trade, business or profession" includes a reference to the trade, business or profession of an employee - CONTRACT – employment contract – strike-out application – Contracts Review Act 1980 (NSW) – Workplace Relations Act 1996, s 16 – Workplace Relations Regulations 2006, r 1.4 – whether s 16 and r 1.4 operate to exclude an employment contract claim under the Contracts Review Act - CONTRACT – employment contract – strike-out application – Contracts Review Act 1980 (NSW) – Workplace Relations Act 1996, ss 13 & 16 – governing law of employment contract – whether s 16 has extraterritorial effect.

Contracts Review Act 1980 (NSW) ss 6(2), 7, 8, 16(3) & 17(3) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) r 28.2 Workplace Relations Act 1996 (Cth) ss 13(1) & 17(4) Workplace Relations Regulations (2006) (Cth) r 1.4

CATEGORY : Separate question