Chawla v FAL Healthy Beverages Pty Ltd [2017] NSWDC 270

District Court New South Wales

Medium Neutral Citation: Chawla v FAL Healthy Beverages Pty Ltd [2017] NSWDC 270 Hearing dates: 13 September 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the defendant. The Statement of Claim is dismissed. (2) I will hear the parties on costs. (3) Exhibits are to be returned after 28 days. Catchwords: Contract – employment contract – general contractual principles – whether employment of plaintiff terminated by the defendant immediately or in accordance with the employment contract – whether plaintiff entitled to payment in lieu of notice which constituted a debt as opposed to a right to sue for damages – proper construction of the contract Cases Cited: Automotive, Food, Metals Engineering, Printing and Kindred Industries Union v Mechanical Engineering Services Pty Ltd (No 2) [2008] FCA 1249 Caringbah Investments Pty Ltd v Caringbah Business & Sports Club Ltd (In Liquidation) [2016] NSWCA 165 Cerberus Software Ltd v Rowley [2001] EWCA Civ 78 Coope v LCM Litigation Fund Pty Limited [2016] NSWCA 37 Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2012] NSWCA 184 Earney v Australian Property Investment Strategic Pty Limited [2010] VSC 621 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Fishlock v The Campaign Palace Pty Ltd [2013] NSWSC 531 Ogden v Britax Automotive Equipment Pty Ltd [2013] QDC 83 Reilly v Praxa Ltd [2004] ACTSC 41 Category: Principal judgment Parties: Tarun Chawla (Plaintiff) FAL Healthy Beverages Pty Ltd (Defendant) Representation: Counsel: P Lonergan (Plaintiff) T Buterin (Defendant)