Amcor v Barnes & Ors

[2021] VSCA 6

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Catchwords

1. Equity
2. › Officers and employees
3. › Fiduciary duty
4. › Breach
5. › Secretly acquiring interest in business sold by employer
6. › Knowing assistance
7. › Remedies
8. › Account of profits
9. › Whether account should be ordered where breach established but loss not suffered
10. › Whether failure to plead account against particular defendants justified refusal of relief
1. Appeal
2. › Appellate review
3. › Approach to appeals by way of rehearing
4. › Recognition of role of trial judge in fact-finding
5. › Whether appellate court satisfied of error
6. › Warren v Coombes (1979) 142 CLR 531
7. › Fox v Percy (2003) 214 CLR 118
1. Employment
2. › Contract of employment
3. › Termination
4. › Notice
5. › Payment in lieu
6. › Whether termination valid where premised upon payment in lieu but no payment made
1. Contract
2. › Construction
3. › Asset Sale Deed
4. › Reciprocal supply and purchase obligations
5. › Whether purchase obligation required all work or only 'business as usual' work
6. › Whether 'carve-out' exception composed of separate or composite elements

Quick Take

An employer's termination of employment premised on payment in lieu of notice is invalid if the payment is not actually made, and courts should exercise great caution before sequencing separate hearings in complex litigation.