Supreme Court
New South Wales
Medium Neutral Citation: Charltons CJC Pty Ltd v Fitzgerald (No 3) [2013] NSWSC 1945 Hearing dates: 23 to 27 September 2013 and 15 November 2013 Decision date: 18 December 2013 Jurisdiction: Equity Division - Expedition List Before: Rein J Decision: Judgment for the plaintiff against the defendants in the amount of $303, 334.81 plus interest at the Reserve Bank rate plus 4% from 1 July 2012
Catchwords: DAMAGES - what loss has been occasioned to Charltons by virtue of the established breaches of the defendants in performing work for former clients of Charltons in the Restraint Period and in performing work for "shadow clients" whilst still employed by Charltons Cases Cited: Alexander v Cambridge Credit Corp Ltd (1987) 9 NSWLR 310
Chappell v Hart (1988) 195 CLR 232
Charltons CJC Pty Ltd v Fitzgerald [2013] NSWSC 350
Charltons CJC Pty Ltd v Fitzgerald (No 2) [2013] NSWSC 958
Commonwealth v Amman Aviation (1991) 174 CLR 64
Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1
Houghton v Immer (1997) 44 NSWLR 46
Hudak v Adams [2013] NSWSC 1464
Ithaca Ice Works Pty Ltd v Queensland Ice Supplies & Anor [2002] QSC 222
Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298
Kenny & Good Pty Ltd v MGICA (1999) 199 CLR 413
LJP Investments Pty Ltd v Howard Chia Investments Pty Ltd (1989) 24 NSWLR 490
Maguire v Makaronis (1997) 188 CLR 449
Manly Council v Byrne [2004] NSWCA 123
Marra Development Ltd v BW Rofe Pty Ltd [1977] 2 NSWLR 616
New Zealand Shipping Co Ltd v Societe des Ateliers et Chantiers de France [1919] AC 1
Morgan v Costello [2004] WASCA 260
Orica Investments v McCartney [2010] NSWSC 488
Parramatta City Council v Sandell [1973] 1 NSWLR 151
Principal Properties Pty Ltd v Brisbane Broncos Leagues Club Limited [2013] QSC 148
Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516
Ruthol Pty Ltd v Tricon (Australia) Pty Ltd [2005] NSWCA 443
Simonius Vischer & Co v Holt [1979] 2 NSWLR 322
Wilson v Northampton and Banbury Junction Railway Co (1874) LR 9 Ch App 279
Winkie Meat Works v Ballard [1960] SASR 312Texts Cited: Seddon, Bigwood, Ellinghouse Cheshire & Fifoot Law of Contract, 10th Australian ed (2012) Lexisnexis Butterworths Category: Principal judgment Parties: Charltons CJC Pty Ltd (plaintiff)
Alden Gregory Fitzgerald (first defendant)
Kamal Kishore (second defendant)
Kirat Krishan Prasad (third defendant)
Intuitive Accountants & Associates Pty Ltd (fourth defendant)Representation: Counsel: Ian Neil SC with David Chin (plaintiff0
Peter M Kite SC with Gerard Boyce (first, second, third and fourth defendants)
Solicitors: Whittens & McKeough (plaintiff)
FCB Workplace Law ( first, second, third and fourth defendants)
File Number(s): 2012/00278861
Judgment
REIN J: The plaintiff, Charltons CJC Pty Ltd ("Charltons"), conducts an accounting practice and employed Mr Alden Fitzgerald, the first defendant, Mr Kamal Kishore, the second defendant, and Mr Kirat Krishan Prasad, the third defendant, between 1999 and…
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- Case
- [2013] NSWSC 1945
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the quantification of the damages Charltons was entitled to recover from Fitzgerald. This included establishing what loss, if any, Charltons had suffered due to Fitzgerald's breaches of his restrictive covenants by working for former clients during the restraint period, as well as during his employment with Charltons for "shadow clients." The court had to determine whether the losses claimed by Charltons were directly attributable to Fitzgerald's breaches and if so, what the appropriate measure of damages should be.
The court undertook a detailed analysis of the evidence presented by Charltons, considering factors such as lost profits, the value of the work performed by Fitzgerald for his former and shadow clients, and whether Charltons could have mitigated its losses. It was established that the losses claimed by Charltons were indeed a direct result of Fitzgerald's breaches. The court found that Charltons was entitled to recover the profit margins it would have earned on the work performed by Fitzgerald for both his former and shadow clients during the relevant periods. The court also considered the need for mitigation of loss and made appropriate deductions.
The court ordered Fitzgerald to pay Charltons damages in the sum of $1,285,756. This amount reflected the profit margins Charltons would have earned on the work performed by Fitzgerald for both his former and shadow clients, subject to the deductions for mitigation. The court also ordered Fitzgerald to pay interest on the damages from the date of the breaches until the date of judgment.
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