› whether the plaintiff could recover the notice payment paid to the defendant
› whether there was a factor rendering retention of the notice payment unjust
› held that the payment was made voluntarily in circumstances where the plaintiff chose not to investigate further but to bring the employment to an end immediately.
Contracts
› Misleading conduct under statute
› Misleading or deceptive conduct
› Silence
› whether necessary to establish reasonable expectation of disclosure,
Equity
› Trusts and trustees
› Resulting trusts
› moneys misappropriated by the defendant held on presumed or resulting trust by the defendant for the benefit of the plaintiff
› unauthorised profits in breach of the defendant’s fiduciary duties held by the defendant subject to a constructive trust in the plaintiff’s favour.
Employment and Industrial Law
› Leave
› Long service leave
› s 4(2)(a)(ii) of the Long Service Leave Act 1955 (NSW)
› whether the defendant had been wrongly denied long service leave accruals on termination of his employment
› held that the defendant was entitled to long service leave on the basis that his employment was terminated in lieu of notice and not for misconduct.
Case Details
Citation[2019] NSWSC 1594
CourtNSWSC
JurisdictionNew South Wales
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