Rudge v The Crown in the right of NSW acting through the Secretary of the Department of Customer Service; Wynn v The Crown in the right of NSW acting through the Secretary of the Department of Customer Service

[2020] NSWSC 1422

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › Formation
3. › Where each plaintiff alleges a contract was concluded with the defendant incorporating certain terms of an Enterprise Agreement entitling them to private use of a motor vehicle
4. › Where defendant denies such a contract
5. › Whether requisite intention to create legal relations
6. › Whether consideration flowed from the plaintiffs
1. Contracts
2. › Parties
3. › Privity
4. › Agency
5. › Where defendant claims that any alleged contract must have formed between defendant and plaintiffs' union
6. › Whether union acted as a principal or agent for the plaintiffs
1. Employment and Industrial Law
2. › Contract
3. › Unfair contracts
4. › Where plaintiffs' contracts of employment said to be unfair because certain terms not incorporated despite defendant's representation to the contrary
5. › Position of other employees performing same work
1. Contracts
2. › Formation
3. › Promissory estoppel
4. › Controversy as to application of doctrine in New South Wales
5. › Where defendant gave an assurance to plaintiffs of a continuing entitlement to a motor vehicle
6. › Where defendants later sought to withdraw that entitlement
7. › Where plaintiffs claim they did not seek alternative employment in reliance on the assurance
8. › Whether defendant is estopped from departing from its assurance