CSR Limited v Adecco (Australia) Pty Limited [2017] NSWCA 121

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CSR Limited v Adecco (Australia) Pty Limited [2017] NSWCA 121 Hearing dates: 16 June 2016 Decision date: 31 May 2017 Before: McColl JA at [1]; Macfarlan JA at [219]; Simpson JA at [220] Decision: (1) Appeal allowed.

(2) Set aside the judgment for Adecco (Australia) Pty Limited (as the cross-defendant) on the cross-claim brought by CSR Limited and Holcim (Australia) Pty Limited.

(3) Judgment for CSR Limited on the cross-claim as against Adecco (Australia) Pty Limited.

(4) Order that the Adecco (Australia) Pty Limited indemnify CSR Limited and Holcim (Australia) Pty Limited as regards:

(a) CSR Limited's liability under the judgment to the plaintiff and for the plaintiff's costs. (b) CSR Limited's liability under the judgment to Adecco Industrial Pty Ltd and for Adecco Industrial Pty Ltd's costs. (c) CSR Limited's costs and expenses incurred in defending the plaintiff's claim and Adecco Industrial Pty Ltd's cross-claim; and (d) Holcim (Australia) Pty Ltd's costs and expenses incurred in defending the plaintiff's claim and Adecco Industrial Pty Ltd's cross-claim.

(5) Order that Adecco (Australia) Pty Limited pay CSR Limited and Holcim (Australia) Pty Limited's costs of the appeal and the proceedings below. Catchwords: CONTRACT – implied contract – expired fixed term labour supply contract – where labour continued to be supplied and paid for – whether implied contract on same terms as expired contract – whether reasonable bystander would regard parties' conduct, including silence, as signalling to other party that relationship continued on terms of expired contract