Adventure World Travel Pty Ltd v Newsom [2014] NSWCA 174

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Adventure World Travel Pty Ltd v Newsom [2014] NSWCA 174 Hearing dates: 16 May 2014 Written submissions 21, 22 and 28 May 2014 Decision date: 03 June 2014 Before: McColl JA at [1]; Meagher JA at [2]; Leeming JA at [40] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - construction of termination clause in employment contract - notice of termination given by employee - whether employer able to give a later notice so as to shorten the effective notice period - whether contractual right of either party to terminate by notice is exhausted once exercised by one or other party - whether exercise of right to fix period of notice above stipulated minimum period constrained by implied obligations of reasonableness and good faith Cases Cited: Birrell v Australian National Airlines Commission (1984) 5 FCR 447 Burger King Corporation v Hungry Jack's Pty Ltd [2001] NSWCA 187; 69 NSWLR 558 Crawford Fitting Co v Sydney Valve & Fittings Pty Ltd (1988) 14 NSWLR 438 Currie v Glen [1936] HCA 1; 54 CLR 445 Fisher v Fisher [1986] HCA 61; 161 CLR 438 In re Pickworth [1899] 1 Ch 642 Riordan v War Office [1959] 1 WLR 1046; on appeal [1961] 1 WLR 210 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 State of New South Wales v Paige [2002] NSWCA 235; 60 NSWLR 371 Zhu v Treasurer of New South Wales [2004] HCA 56; 218 CLR 530 Texts Cited: "Termination of Employment Contracts by Notice", GJ McCarry, (1986) 60 ALJ 78 Category: Principal judgment Parties: Adventure World Travel Pty Ltd (Appellant) Peter Bowden Newsom (Respondent) Representation: Counsel: S Rushton SC, J Darams (Appellant) ID Faulkner SC, L Chan (Respondent) Solicitors: Clayton Utz (Appellant) Stevens & Associates (Respondent) File Number(s): 2013/322473 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-09-27 00:00:00 Before: Gibson DCJ File Number(s): 2012/386639