Superannuation & Corporate Services Pty Ltd v Turner

Superannuation & Corporate Services Pty Ltd (the appellant) appealed a decision concerning a deed of settlement and release entered into with the respondent, who had been employed as an accountant. The dispute arose after the respondent resigned due to alleged bullying and harassment, subsequently contacting the appellant's clients. The appellant claimed the respondent misused client information and contact lists, despite the absence of any non-compete or restraint of trade covenants. The appellant had made threats of litigation, including criminal prosecution, leading to the execution of the deed, which stipulated the respondent would pay an 'agreed fee' to the appellant.

The primary legal issues before the court were whether the deed of settlement and release was unjust under the *Contracts Review Act 1980* (NSW), and whether the court should exercise its discretion to refuse enforcement of the deed. Additionally, the court considered whether to permit a new ground of appeal, which sought to rely on a constraint in granting relief under section 6(2) of the *Contracts Review Act*, noting this was a late attempt.

The court reasoned that the appellant's conduct, including overbearing threats of litigation and criminal prosecution, contributed to the circumstances surrounding the execution of the deed. Applying sections 7 and 9(2) of the *Contracts Review Act*, the court found that the deed was unjust in the circumstances. The court also refused the amendment to introduce the new ground of appeal, deeming it to be a late attempt to rely on a constraint in granting relief.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs.