Phillips v Ellinson Brothers Pty Ltd

This case concerned an appeal to the High Court of Australia from a judgment of the Supreme Court of Victoria. The appellant, Phillips, had sued his former employer, Ellinson Brothers Pty. Ltd., for remuneration allegedly owed under an employment contract. A jury had returned a verdict in favour of Phillips, but the trial judge entered judgment for the defendant company notwithstanding the jury's verdict.

The central legal issues before the High Court were whether the trial judge possessed the power to enter judgment contrary to a jury's verdict, and if so, under what circumstances. Additionally, the court considered whether the appellant had performed his obligations under an entire and indivisible contract of service, and whether an alleged oral variation of the contract was legally effective, particularly in light of the Statute of Frauds.

The High Court was equally divided. Rich and McTiernan JJ. held that, absent specific leave reserved to move for judgment, a trial judge lacks the authority to override a jury's verdict. They reasoned that the proper recourse for a party dissatisfied with a jury's finding, where no such leave was granted, is to seek a new trial from a higher court. Conversely, Starke and Williams JJ. were of the view that a trial judge may enter judgment contrary to a jury's verdict if there was no evidence to support that verdict. They concluded that in this instance, there was no evidence to sustain the jury's finding, and therefore the judge's action was justified.

As the court was equally divided, the decision of the Supreme Court of Victoria was affirmed. This meant that the judgment entered for the defendant company by the trial judge stood, and the appeal was dismissed.