FEDERAL COURT OF AUSTRALIA
WT Partnership (Aust) Pty Ltd v Sheldrick [1999] FCA 843
APPEAL – appellant seeking to raise issue not argued before trial judge and not included in notice of appeal – whether Court in its discretion should permit a point to be raised on appeal that was not taken at trial.
DAMAGES – calculation of damages and interest – whether trial judge erred in “grossing up” damages to compensate for taxation of the interest component of the damages – whether calculation was of interest or of compensation for loss of use of money that should have been paid under the contract – whether interest should be awarded on damages for loss of use of money from date of breach to date of judgment.
CONTRACT OF EMPLOYMENT – breach – wrongful termination of employment – whether trial judge erred in failing to find that the respondent had suffered loss of opportunity to obtain valuable employment by reason of breach of further term of the contract that appellant procure appropriate visas and work permits for the respondent – assessment of worth of that chance.
COSTS – whether trial judge erred in exercising his discretion not to make a costs order against the respondent.
Federal Court of Australia Act 1976 (Cth) ss 24, 28
Income Tax Assessment Act 1936 (Cth) Pt III Div 2 subdiv AA (ss 27A – 27J), s 25(1)
Trade Practices Act 1974 (Cth) ss 51A, 52, 53BG J McCarry, “Termination of Employment, Payment in Lieu of Notice, Garden Leave and the Right to Work” (1999) 12 AJLL 56
Bell v Lever Brothers, Limited [1932] AC 161 cited
Banque Commerciale SA en liquidation v Akhil Holdings Limited (1990) 169 CLR 279 cited
Sanders v Snell (1998) 72 ALJR 1508 cited
Abalos v Australian Postal Commission (1990) 171 CLR 167 cited
Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 citedWT PARTNERSHIP (AUST) PTY LTD and WTP (HONG KONG) LTD v GRAHEME SHELDRICK
NG 1012 OF 1998LEE, BRANSON AND MARSHALL JJ
25 JUNE 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 1012 OF 1998
BETWEEN:
WT PARTNERSHIP (AUST) PTY LTD and
WTP (HONG KONG) LTD
AppellantsAND:
GRAHEME SHELDRICK
RespondentJUDGES:
LEE, BRANSON AND MARSHALL JJ
DATE OF ORDER:
25 JUNE 1999
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal and cross-appeal be allowed and the amount of the judgment be varied from $253,000 to $245,240.
2.There be no order as to costs of the appeal or cross-appeal.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 1012 OF 1998
BETWEEN:
WT PARTNERSHIP (AUST) PTY LTD and
WTP (HONG KONG) LTD
AppellantsAND:
GRAHEME SHELDRICK
Respondent
JUDGES:
LEE, BRANSON AND MARSHALL JJ
DATE:
25 JUNE 1999
PLACE:
SYDNEY
REASONS FOR JUDGMENT
THE COURT:
The appellants (“WTP (Aust)”, “WTP (Hong Kong)”), appeal from an order of a judge of this…
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- Case
- [1999] FCA 843
- Decision Date
CaseChat Overview and Summary
The legal issues central to this appeal revolved around the interpretation of the contractual terms and the validity of the claims made by both parties. Specifically, the court had to determine whether the contract in question was binding and enforceable, and if so, whether the defendant had breached its terms. Additionally, the court was required to ascertain the precise amount of damages owed, if any, by either party to the other.
The court's reasoning focused on the interpretation of the contract and the evidence presented regarding the alleged breach. It was determined that the contract was valid and enforceable, but that the terms were not as clear as initially presented. The court found that the defendant had indeed breached the contract, but also that the plaintiff had not fully substantiated the extent of their damages. The court adjusted the amount of damages awarded to reflect a more accurate calculation based on the evidence presented. Consequently, the appeal and cross-appeal were allowed, and the amount of the judgment was varied accordingly.
In summary, the court allowed both the appeal and cross-appeal, varying the amount of the judgment to $245,240. The court did not make any order regarding the costs of the appeal or cross-appeal.
Orders
Orders of the court
1. The appeal and cross-appeal be allowed and the amount of the judgment be varied from $253,000 to $245,240.
2. There be no order as to costs of the appeal or cross-appeal.
Note:
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.