Aldous v NSW

[2018] NSWCA 261

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigants
4. › Duty of trial judge to unrepresented litigant
5. › Whether duty extends to advising on amendment of pleadings
6. › Whether failure to grant leave to amend at large constitutes denial of procedural fairness
1. Equity
2. › Unconscionability
3. › Special disability or disadvantage
4. › Whether psychiatric condition constituted special disability
5. › Whether other party took unconscientious advantage
6. › Whether requiring repayment of benefit to which party not entitled was unconscionable
1. Equity
2. › Fiduciary duties
3. › Former employer and employee
4. › Whether fiduciary duty owed by former employer to former employee
1. Torts
2. › Negligence
3. › Duty of care
4. › Whether duty of care inconsistent with contractual obligations
5. › Whether employer owed duty to ensure third party made deduction from payment
6. › Crown Employees (Police Officers Death and Disability) Award 2005, cl 10.6

Quick Take

A former employer seeking to recover overpaid benefits under an industrial award is not acting unconscionably by enforcing a deed of repayment, even where the former employee has a psychiatric condition, provided the employee had capacity to understand the general nature of the deed and the employer did not take unconscientious advantage of any disability.