Sutton v BE Australia WD Pty Ltd (No 4) [2017] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: Sutton v BE Australia WD Pty Ltd (No 4) [2017] NSWSC 1123 Hearing dates: 25 November 2016; 9 and 27 February 2017; 29 June 2017 (further written submissions) Date of orders: 24 August 2017 Decision date: 24 August 2017 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders and directions all of which shall require compliance within 21 days of the publication of this judgment:

(1) The plaintiff shall file in the form of short minutes of order or a schedule reflecting the following:

(a) The quantification of compensation payable by the first defendant under the termination and bullying and harassment grounds in accordance with the terms of this judgment;

(b) The application of interest to that amount in accordance with the determination as to the approach to interest set out under the corresponding heading of this judgment;

(2) The plaintiff has liberty to file any final submissions as to the implications of the settlement with the second defendant. Those submissions shall be limited to the question of any deduction arising from the settlement with the second defendant and may address the issue of apportionment between the first the second defendants (after the deduction of costs referrable to the proceedings against the second defendant).

(3) The plaintiff shall file any application as to costs against the first defendant and any submissions in support thereof. Catchwords: UNFAIR CONTRACT – ex parte proceedings – claim for money orders – notice – humiliation, stress and reputation damage – interest – implications of settlement with co-defendant – directions Legislation Cited: Trade Practices Act 1974 (Cth) Industrial Relations Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brown v State of New South Wales (Department of Education and Communities) [2013] NSWIRComm 115 King v State Bank of New South Wales (No 2) (2002) 126 IR 407; [2002] NSWIRComm 353 King v State Bank of New South Wales [2000] NSWIRComm 229 State of New South Wales v Banas (2004) 137 IR 63; [2004] NSWIRComm 255 Walker v Citigroup Global Markets Australia Pty Limited (2006) 233 ALR 697; [2006] FCAFC 101 Westfield Holdings v Adams (2001) 114 IR 241; [2001] NSWIRComm 293 Category: Costs Parties: Mary Sutton (plaintiff) BE Australia WD Pty Ltd (first defendant) Representation: Counsel: M Gibian (plaintiff) (ex parte)