Edwards v T G Wright Mangement Services Pty Ltd

Case [2003] QCA 214


[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.

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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