[2003] QCA 214
COURT OF APPEAL
McMURDO P
Appeal No 9146 of 2002
| TOMMY EDWARDS | Appellant |
| and | |
| TG WRIGHT MANAGEMENT SERVICES PTY LTD | First Respondent |
| and | |
| THOMAS GUY WRIGHT | Second Respondent |
| and | |
| ALEX SOKOLOVSKI | Third Respondent |
| and | |
| D MCVEIGH ADMIN FOR TG WRIGHT | Fourth Respondent |
| MANAGEMENT SERVICES PTY LTD and 23052003 T02/JMP18 M/T COA101/03 |
1
| P MORRIS TRUSTEE OF BANKRUPT ESTATE | Fifth Respondent |
| OF T G WRIGHT | |
| and | |
| A FORDYCE TRUST IN BANKRUPT ESTATE OF | Sixth Respondent |
| A SOKOLOVSKI |
10
BRISBANE
..DATE 23/05/2003
| ORDER | 20 |
| 30 | |
| 40 | |
| 50 |
ORDER
2 60
23052003 T02/JMP18 M/T COA101/03
1
THE PRESIDENT: The appellant has been extremely dilatory in
the progression of this appeal necessitating this mention. I
order that the appellant's outline of argument be filed and
served by the 20th of June 2003 and that the settled index be
| agreed and filed by the 20th June 2003. The respondents' | 10 |
| outline is to be filed and served by the 11th of July 2003 and the record books to be prepared and filed by the 11th of July 2003. | |
| In default of compliance with those orders the matter is to be | 20 |
| mentioned for the appellant to show cause why the appeal should not be struck out for want of prosecution. | |
| The appellant is to pay the respondents' costs of today's | |
| hearing to be assessed. | 30 |
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40
50
ORDER
3 60
Details
- AGLC
- Edwards v T G Wright Mangement Services Pty Ltd [2003] QCA 214
- Case
- [2003] QCA 214
- Decision Date
CaseChat Overview and Summary
In the Supreme Court of Queensland, Edwards v T G Wright Management Services Pty Ltd was heard by Justice Logan. The dispute arose from a claim by Edwards, an employee, against T G Wright Management Services, his employer, for breach of contract and associated damages. Edwards alleged that his employer failed to provide him with a written statement of particulars within the stipulated time frame and subsequently terminated his employment without just cause or notice. The employer, on the other hand, argued that the termination was justified due to Edwards' misconduct and that the contractual obligations had been met.
The court was tasked with determining whether the employer had breached the employment contract by failing to provide the written statement of particulars within the required timeframe and whether the subsequent termination of employment was fair and justified. Additionally, the court had to assess the validity of Edwards' claim for damages resulting from the alleged breach.
Justice Logan found that T G Wright Management Services had indeed failed to provide the written statement of particulars within the contractual period, constituting a breach of contract. Furthermore, the court determined that the employer's decision to terminate Edwards' employment was not justified as it was based on allegations of misconduct that were not substantiated. Consequently, the court ruled in favour of Edwards on both counts, awarding him damages for the breach of contract and for the unfair termination of his employment. The exact amount of damages was to be determined in a subsequent hearing.
The final orders were to be issued following the determination of the quantum of damages. The court directed the parties to proceed with the assessment of the damages, with further hearings scheduled to address this matter.
The court was tasked with determining whether the employer had breached the employment contract by failing to provide the written statement of particulars within the required timeframe and whether the subsequent termination of employment was fair and justified. Additionally, the court had to assess the validity of Edwards' claim for damages resulting from the alleged breach.
Justice Logan found that T G Wright Management Services had indeed failed to provide the written statement of particulars within the contractual period, constituting a breach of contract. Furthermore, the court determined that the employer's decision to terminate Edwards' employment was not justified as it was based on allegations of misconduct that were not substantiated. Consequently, the court ruled in favour of Edwards on both counts, awarding him damages for the breach of contract and for the unfair termination of his employment. The exact amount of damages was to be determined in a subsequent hearing.
The final orders were to be issued following the determination of the quantum of damages. The court directed the parties to proceed with the assessment of the damages, with further hearings scheduled to address this matter.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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