Bonds Industries Ltd v Mattiussi

Bonds Industries Ltd appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the entitlement of Mr Mattiussi to a commission on sales made by Bonds Industries Ltd after his employment had terminated.

The primary legal issue before the Court of Appeal was whether Mr Mattiussi had established a contractual right to receive commission on sales that occurred after the termination of his employment, specifically whether the terms of his employment contract entitled him to such commission.

The Court of Appeal considered the terms of the employment contract and the established principles of contract law regarding the accrual of rights upon termination. It was held that the contract did not create a right to commission on sales that were not concluded or effective during the period of employment. The court found that the commission was payable only on sales that had been finalised and therefore earned by Mr Mattiussi prior to his termination. The appeal was allowed, and the orders of the Supreme Court were set aside.