Roderick v Washington H Soul Pattinson & Company Limited (No 2) [2020] NSWSC 1224 — Contract & Remedies — Barrister AI

Roderick v Washington H Soul Pattinson & Company Limited (No 2)

[2020] NSWSC 1224

Supreme Court of NSW

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Interrogate

Catchwords

1. Employment and Industrial Law
2. › Contract
3. › Termination without notice
4. › Whether original written contract applied or had been varied or discharged in ongoing relationship of employment
5. › Objective assessment of parties' mutual intention
6. › Necessity for implied term as to reasonable notice in new contract
7. › Determination of reasonable notice period
1. Employment and Industrial Law
2. › Contract
3. › Remuneration
4. › Discretionary bonuses
5. › Employee's eligibility for payment of benefits under short and long term incentive plans
6. › Nature and extent of employer's discretion to assess and pay bonuses
7. › Limits on the exercise of a discretion
1. Contracts
2. › Remedies
3. › Damages
4. › Loss of chance
5. › Loss of opportunity to obtain commercial benefit
6. › Effect of reasonable notice period on employee's entitlement to payment of benefits under incentive plans
1. Employment and Industrial Law
2. › Contract
3. › Repudiation
4. › Acceptance of repudiation
5. › Impracticality for employee to do other than accept repudiation
6. › Party cannot benefit from its own wrong

Case Details

Citation[2020] NSWSC 1224

CourtNSWSC

JurisdictionNew South Wales

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Cited by3

2024Daynes v I-MED Central Queensland Pty LtdNSWSC 1064
2021Secure Logic Pty Limited v Paul William Noble (No. 3)NSWSC 675
and 1 more after sign-in

Relies on21

2016Westpac Banking Corporation v WittenbergFCAFC 33
2016Bartlett v Australia & New Zealand Banking Group LtdNSWCA 30
2014Susanna Ma v Expeditors International Pty Ltd; Susanna Ma v Expeditors Pty LimitedNSWSC 859
2014Shea v TRUenergy Services Pty Ltd (No 6)FCA 271
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