› where it is claimed parts of amended statement of claim should be struck out under r 13.4 or dismissed under r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW)
› whether there is a high degree of certainty about ultimate outcome of proceedings
› role of consideration of the just, quick and cheap resolution of the real issues in the proceedings under Civil Procedure Act 2005 (NSW), s 56
Contracts
› where it is claimed employment contract contains implied terms which were breached resulting in employee’s constructive dismissal
› claim bound to fail
Contracts
› construction
› deed of release
› whether deed contained implied term
› claim legally untenable where implied term contrary to express terms
Contracts
› whether deed void ab initio as the result of breach
› claim legally untenable
› deed remains binding and precludes claims for damages for breach of contract and claimed breaches of Corporations Act 2001 (Cth), Pt 9.4AAA during course of employment
Case Details
Citation[2022] NSWSC 825
CourtNSWSC
JurisdictionNew South Wales
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