Roohizadegan v TechnologyOne Limited (No 4)

FEDERAL COURT OF AUSTRALIA

Roohizadegan v TechnologyOne Limited (No 4) [2020] FCA 1729  

File number:	VID 996 of 2016
Judgment of:	KERR J
Date of judgment:	30 November 2020
Catchwords:	DAMAGES – pre-judgment interest – where parties had agreed sum to be awarded if the Court found in favour of the Applicant in respect of his claim for breach of contract and communicated that agreement to the Court – extent to which agreed sum incorporated pre-judgment interest – where agreed sum not disaggregated in a manner as would permit the later calculation of pre-judgment interest – where Applicant had expressed no qualification or reservations with respect to the agreed sum – pre-judgment interest awarded in the quantum proposed by the Respondent
Cases cited:	Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407
Division:	General Division
Registry:	Victoria
National Practice Area:	Employment and Industrial Relations
Number of paragraphs:	16
Date of last submissions:	20 November 2020
Date of hearing:	Determined on the papers
Counsel for the Applicant:	Mr J Tracey and Mr R Minson
Solicitor for the Applicant:	Harmers Workplace Lawyers
Counsel for the Respondents:	Mr S Wood QC, Mr B Jellis and Mr P Jeffreys
Solicitor for the Respondents:	Cooper Grace Ward

ORDERS

VID 996 of 2016

BETWEEN:

BENHAM ROOHIZADEGAN

Applicant

AND:

TECHNOLOGYONE LIMITED

First Respondent

ADRIAN DI MARCO

Second Respondent

ORDER MADE BY:	KERR J
DATE OF ORDER:	30 NOVEMBER 2020

THE COURT ORDERS THAT:

1.The Applicant be awarded $35,370.90 in pre-judgment interest on his award for forgone share options.

2.The Applicant be awarded $68,862.09 in pre-judgment interest on his damages for breach of contract.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

KERR J:

1. On 2 October 2020, the Court delivered judgment in Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407.

2. The Court ordered, inter alia, that - subject to any pre-judgment interest to be awarded in respect of each amount - the Applicant be awarded $756,410.00 as compensation in respect of forgone share options and $1,590,000.00 for breach of contract. I ordered that the parties confer with the aim of providing the Court with agreed proposed orders as to the amounts that should be awarded by way of pre-judgment interest in respect of those awards. The parties were to provide separate written submissions in the event that agreement could not be reached. They have done so.

3. Save in one regard, the parties have reached common ground.

4. The Respondents accept the Applicant’s statement of the relevant principles that the Court is to apply, which is as follows:

   2.Section 51A(1) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) provides for the mandatory award of simple prejudgment interest on a money sum unless good cause to the contrary is shown. Good cause will be shown “rarely” and only in “exceptional circumstances”. Although the rate of interest is in the discretion of the Court, the recommended and usual practice is to adopt the rate…