Maddocks v Riskflo Associates Pty Ltd - [2020] NSWDC 543

District Court

New South Wales

Amendment notes

Medium Neutral Citation: Maddocks v Riskflo Associates Pty Ltd [2020] NSWDC 543
Hearing dates: 17, 18 September 2020
Date of orders: 18 September 2020
Decision date: 18 September 2020
Jurisdiction: Civil
Before: Russell SC DCJ
Decision:
(1)   Judgment for the defendant Riskflo Associates Pty Ltd against the first plaintiff Matthew Maddocks.
(2)   Order the first plaintiff Matthew Maddocks to pay the costs of the defendant Riskflo Associates Pty Ltd.
(3)   Judgment for the second plaintiff ORC Professional Services Pte Ltd against the defendant Riskflo Associates Pty Ltd for $81,418.25 SGD.
(4)   Order the defendant Riskflo Associates Pty Ltd to pay the costs of the second plaintiff ORC Professional Services Pte Ltd.

Catchwords:
CONTRACT – construction of employment contract

Cases Cited:
ACE Insurance Ltd v Trifunovski [2013] FCAFC 3
Australian Broadcasting Commission v Australasian Performing Rights Association Ltd (1973) 129 CLR 99
Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119
Euphoric Pty Ltd v Ryledar Pty Ltd [2006] NSWSC 2
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 16

Category: Principal judgment
Parties: Matthew Maddocks (First Plaintiff)
ORC Professional Services Pte Ltd (Second Plaintiff)
Riskflo Associates Pty Ltd (Defendant)
Representation:
Counsel:
B Miles (Plaintiffs)
P Finch (Defendant)
Solicitors:
Secure Legal (Plaintiffs)
Tsintilas & Associates (Defendant)

File Number(s): 2019/199746

Judgment

Introduction

The first plaintiff Mr Matthew Maddocks is a Risk Manager with many years of experience in the finance industry. In 2017 he was working for an Australian bank in Singapore. He was made redundant. Mr Maddocks and his wife wished to remain living and working in Singapore. Under the laws of that country a foreign citizen can only continue to reside in Singapore if they hold an employment pass. In August 2017 Mr Maddocks, together with two other people who resided in Singapore (one of whom was a citizen) caused the second plaintiff ORC Professional Services Pte Ltd (ORC) to be incorporated in Singapore. The plan was that ORC would employ Mr Maddocks and his wife to provide professional services in the finance industry. Because they would then have employment with a Singaporean corporation, Mr Maddocks and his wife could obtain an employment pass and remain living in that country.
In August 2017 Mr Maddocks received a telephone call from Mr Martin Kelly, the principal of the defendant Riskflo Associates Pty Ltd (Riskflo). Mr Kelly said that he had seen Mr Maddocks’ profile on Linked In and that he was looking for someone with his experience. There were further telephone discussions between the two men and then there was a meeting in Singapore. There were discussions about Mr Maddocks providing his risk management services for Riskflo, which was a start-up company providing risk management software for the financial services industry. Mr Maddocks, at the invitation of Mr Kelly, came to Sydney in late August 2017. There were discussions about entering into a formal written employment agreement.
Mr Maddocks commenced work in Singapore making contact with those he knew in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Maddocks v Riskflo Associates Pty Ltd

Details

AGLC: Maddocks v Riskflo Associates Pty Ltd [2020] NSWDC 543
Case: [2020] NSWDC 543
Decision Date: 18 September 2020

CaseChat Overview and Summary

The matter before the court involved Matthew Maddocks, the first plaintiff, and Riskflo Associates Pty Ltd, the defendant, along with ORC Professional Services Pte Ltd, the second plaintiff. The dispute centred on the construction of an employment contract between the first plaintiff and the defendant, and the associated rights and obligations of the parties under that contract. The dispute also involved a claim for payment by the second plaintiff to the defendant under a separate agreement.

The legal issues the court was required to decide included whether the first plaintiff was entitled to a redundancy payment from the defendant under the terms of their employment contract, and whether the second plaintiff was entitled to payment from the defendant under the terms of an agreement between the two parties. The court had to consider the wording of the relevant contracts and agreements, as well as any relevant precedent or legal principles.

The court found that the first plaintiff was not entitled to a redundancy payment from the defendant, as the terms of the employment contract did not provide for such a payment. The court also found that the second plaintiff was entitled to payment from the defendant under the terms of the agreement between the two parties. The court ordered the defendant to pay the second plaintiff the sum of $81,418.25 SGD, and ordered the first plaintiff to pay the costs of the defendant. The court also ordered the defendant to pay the costs of the second plaintiff.

The final orders of the court were that judgment be entered for the defendant against the first plaintiff, that the first plaintiff pay the costs of the defendant, that judgment be entered for the second plaintiff against the defendant for the sum of $81,418.25 SGD, and that the defendant pay the costs of the second plaintiff.

Orders

Orders of the court

(1) Judgment for the defendant Riskflo Associates Pty Ltd against the first plaintiff Matthew Maddocks.

(2) Order the first plaintiff Matthew Maddocks to pay the costs of the defendant Riskflo Associates Pty Ltd.

(3) Judgment for the second plaintiff ORC Professional Services Pte Ltd against the defendant Riskflo Associates Pty Ltd for $81,418.25 SGD.

(4) Order the defendant Riskflo Associates Pty Ltd to pay the costs of the second plaintiff ORC Professional Services Pte Ltd.

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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Medium Neutral Citation:	Maddocks v Riskflo Associates Pty Ltd [2020] NSWDC 543
Hearing dates:	17, 18 September 2020
Date of orders:	18 September 2020
Decision date:	18 September 2020
Jurisdiction:	Civil
Before:	Russell SC DCJ
Decision:	(1) Judgment for the defendant Riskflo Associates Pty Ltd against the first plaintiff Matthew Maddocks. (2) Order the first plaintiff Matthew Maddocks to pay the costs of the defendant Riskflo Associates Pty Ltd. (3) Judgment for the second plaintiff ORC Professional Services Pte Ltd against the defendant Riskflo Associates Pty Ltd for $81,418.25 SGD. (4) Order the defendant Riskflo Associates Pty Ltd to pay the costs of the second plaintiff ORC Professional Services Pte Ltd.
Catchwords:	CONTRACT – construction of employment contract
Cases Cited:	ACE Insurance Ltd v Trifunovski [2013] FCAFC 3 Australian Broadcasting Commission v Australasian Performing Rights Association Ltd (1973) 129 CLR 99 Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119 Euphoric Pty Ltd v Ryledar Pty Ltd [2006] NSWSC 2 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 16
Category:	Principal judgment
Parties:	Matthew Maddocks (First Plaintiff) ORC Professional Services Pte Ltd (Second Plaintiff) Riskflo Associates Pty Ltd (Defendant)
Representation:	Counsel: B Miles (Plaintiffs) P Finch (Defendant) Solicitors: Secure Legal (Plaintiffs) Tsintilas & Associates (Defendant)
File Number(s):	2019/199746