Martinez as trustee for Martinez HWL Practice Trust as representative of the partners trading as HWL Ebsworth Lawyers v Griffiths as trustee for the Griffiths HWL Practice Trust

The case of *Martinez as trustee for Martinez HWL Practice Trust as representative of the partners trading as HWL Ebsworth Lawyers v Griffiths as trustee for the Griffiths HWL Practice Trust* concerned an appeal from a decision of Robb J in the Supreme Court of New South Wales. The dispute arose from the summary dismissal of an employed solicitor by the law firm HWL Ebsworth Lawyers. The firm contended that the dismissal was justified due to the solicitor's alleged lack of candour in dealing with the firm's legal precedents, a matter the court considered not to be one of principle.

The primary legal issues before the Court of Appeal were whether the employed solicitor's conduct amounted to a repudiation of his employment contract, thereby justifying summary dismissal, and, if not, how damages for wrongful termination should be assessed. Specifically, the court had to consider whether the partners would have resolved to terminate the employment at a later date or to make a payment in lieu of notice, and whether the solicitor lost a compensable opportunity to seek alternative employment while serving out a notice period.

The Court of Appeal allowed the appeal in part, setting aside the orders made by Robb J. The court found that the employed solicitor's conduct did not justify summary dismissal. In assessing damages, the court determined that the solicitor was entitled to a judgment of $127,000, plus pre-judgment interest. The court also made directions regarding the costs of the proceedings at first instance and the appeal, requiring written submissions from the parties if they could not agree on the orders.