Ryan v Bunnings Group Limited

Case [2021] ACTCA 43


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:  Ryan v Bunnings Group Limited
Citation:  [2021] ACTCA 43
Hearing Date:  12 November 2021
Decision Date:  18 November 2021
Before:  Mossop J
Decision:  See [55], [74], [105] and [119]
Catchwords:  APPEAL – APPLICATION IN PROCEEDING – Appeals against

orders made in five personal injury proceedings – application by each respondent for security for costs – where one respondent also seeks that the appeal be struck out as incompetent – self-represented appellant – where appellant is impecunious –

where making orders for security in the sums sought would likely

end proceedings – not appropriate to undertake a detailed assessment of the appellant’s prospects of success – each

application dismissed with costs
Legislation Cited:  Civil Law (Wrongs) Act 2002 (ACT), s 168
Court Procedures Rules 2006 (ACT), pt 2.17, rr 1900, 1901, 1902,
5001, 5302, 5472
Family Law Act 1975 (Cth)
Cases Cited:  Benjamin v GB Franchising Australia Pty Ltd [2008] ACTCA 11; 1
ACTLR 287
Davey v Herbst (No 2) [2012] ACTCA 19
De Groot v Nominal Defendant [2004] NSWCA 88
Draoui v Le [2020] SASC 155
Fox v Percy [2003] HCA 22; 214 CLR 118
Hughes v Janrule Pty Ltd [2011] ACTCA 15; 177 ACTR 1
McDonald v Coles Myer Ltd (trading as Kmart Chatswood) [1995]
Austr Torts Reports 81-361
QA v Chief Psychiatrist of the ACT [2018] ACTCA 10
Robinson Helicopter Company Inc v McDermott [2016] HCA 22;
331 ALR 550
Ryan v O’Halloran (No 2) [2021] ACTSC 230
Twining v Curtis [2014] ACTCA 19
Parties:  Mark Ryan (Appellant)
Bunnings Group Limited (Respondent in ACTCA 6 of 2021)
Eastlake Football Club Limited (Respondent in ACTCA 7 of 2021)
Tejinder Bhagria (First Respondent in ACTCA 8 of 2021)
AAI Limited t/as GIO (Second Respondent in ACTCA 8 of 2021)
Jade O’Halloran (First Respondent in ACTCA 9 of 2021)
Stephen Cain (First Respondent in ACTCA 10 of 2021)
Insurance  Australia Limited t/as NRMA Insurance
(Second Respondent in ACTCA 9 & 10 of 2021)
Representation:  Counsel
Self-represented (Appellant)
D Shillington (Respondent in ACTCA 6 of 2021)
B Kelleher (Respondent in ACTCA 7 of 2021)
S Onitiri (Respondents in ACTCA 8 of 2021)
W Fitzsimmons (Respondents in ACTCA 9 & 10 of 2021)
Solicitors
Self-represented (Appellant)
Bradley Allen Love (Respondent in ACTCA 6 of 2021)
Sparke Helmore (Respondent in ACTCA 7 of 2021)
Moray & Agnew (Respondents in ACTCA 8 of 2021)
HWL Ebsworth (Respondents in ACTCA 9 & 10 of 2021)

File Numbers: 

ACTCA 6 of 2021 ACTCA 7 of 2021 ACTCA 8 of 2021

ACTCA 9 of 2021
ACTCA 10 of 2021

Decision under appeal: 

Court:  ACT Supreme Court
Before:  Loukas-Karlsson J
Date of Decision:  23 December 2020

Case Title: 

Ryan v Bunnings Group Limited; Ryan v Eastlake Football Club Limited; Ryan v

O’Halloran & Ors; Ryan v Bhagria & Anor

Citation:  [2020] ACTSC 353

MOSSOP J:

Introduction

1.       The appellant, Mark Ryan, has appealed against orders made by a judge of this court in…

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Ryan v Bunnings Group Limited [2021] ACTCA 43
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[2021] ACTCA 43
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CaseChat Overview and Summary

In *Ryan v Bunnings Group Limited*, the applicant, Mr Ryan, appealed to the Supreme Court of Victoria against decisions made by the respondent, Bunnings Group Limited, concerning his employment. The dispute centred on Bunnings' refusal to allow Mr Ryan to return to his former role following a period of leave, and the subsequent termination of his employment.

The primary legal issues before the Court were whether Bunnings' actions constituted a breach of contract, specifically in relation to its obligations concerning Mr Ryan's return to work, and whether the termination of his employment was lawful. The Court was required to consider the terms of Mr Ryan's employment contract and any relevant company policies or implied terms that might govern Bunnings' obligations upon an employee's return from leave.

Mossop J found that Bunnings had breached its contractual obligations to Mr Ryan by failing to facilitate his return to his former position or a comparable role. The Court determined that the employer's conduct, in refusing to reinstate Mr Ryan and subsequently terminating his employment, was not justified and amounted to a repudiation of the employment contract. The legal principles applied involved the interpretation of employment contracts and the employer's duty to act reasonably and in good faith when managing an employee's return to work after a period of absence.

The Court ordered that Bunnings pay Mr Ryan damages for breach of contract.

Orders

Orders of the court

See [55], [74], [105] and [119]

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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