Boral Resources (NSW) Pty Limited v Attard

Boral Resources (NSW) Pty Limited appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned the entitlement of Mr Attard to certain payments under an employment agreement with Boral Resources.

The Court of Appeal was required to determine whether Mr Attard was entitled to a redundancy payment and a payment in lieu of notice, and if so, the quantum of those payments. The central issue revolved around the interpretation of the employment agreement and the circumstances surrounding the termination of Mr Attard's employment.

The Court of Appeal found that the employment agreement, when read as a whole, provided for a redundancy payment upon termination of employment in certain circumstances, which were met in Mr Attard's case. Furthermore, the Court held that the agreement also entitled Mr Attard to payment in lieu of notice. The Court applied principles of contractual interpretation, focusing on the plain meaning of the words used in the agreement and the intention of the parties as evidenced by the contract.

The appeal was allowed in part, with the Court of Appeal varying the orders of the District Court to reflect the correct calculation of the payments due to Mr Attard.