Hopper v Campbell [2016] NSWCA 371

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hopper v Campbell [2016] NSWCA 371 Hearing dates: 18 July 2016 Decision date: 21 December 2016 Before: Bathurst CJ at [1]; Meagher JA at [2]; Payne JA at [58] Decision: Appeal dismissed with costs Catchwords: CONTRACTS – contract between appellant and employer relating to change of work role – where alleged that contract formed at meeting or clarified and confirmed by subsequent conduct entitling appellant to increased salary for fixed term and profit share – where primary judge rejected claim as to alleged contract – where appellant sought to argue for more limited contract on appeal – whether pleaded or claimed at first instance

APPEAL – limited contract claim, not raised at trial – pleadings – conduct of trial – whether appellant should be permitted to raise limited contract claim for first time on appeal Legislation Cited: Corporations Act 2001 (Cth), ss 436A, 1321 Long Service Leave Act 1955 (NSW), s 3(1)(b) Cases Cited: Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Masters v Cameron (1954) 91 CLR 353 Sinclair, Scott & Co v Naughton (1929) 43 CLR 310 Tanning Research Laboratories Inc v O'Brien (1990) 169 CLR 332 Water Board v Moustakas (1988) 180 CLR 491 Zheng v Cai (2009) 239 CLR 446; [2009] HCA 52 Category: Principal judgment Parties: Garry Raymond Hopper (Appellant) Christopher Robert Campbell in his capacity as liquidator of MF Global Australia Ltd (in liq) (First Respondent) David John Frank Lombe in his capacity as liquidator of MF Global Australia Ltd (in liq) (Second Respondent) Vaughan Neil Strawbridge in his capacity as liquidator of MF Global Australia Ltd (in liq) (Third Respondent) Representation: Counsel: M A Ashhurst SC with S B Docker (Appellant) I R Pike SC with R M Foreman (Respondents) Solicitors: Kemp Strang Lawyers (Appellant) Ashurst Australia (Respondents) File Number(s): 2015/342171 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Law Citation: [2015] NSWSC 1409 Date of Decision: 27 October 2015 Before: Black J File Number(s): 2013/318007