Evans v Williams [1910] HCA 76

Evans v Williams [1910] HCA 76

By majority, the High Court held that the agreement between the Government and the plaintiff, inducing the plaintiff to renounce statutory fees in exchange for a fixed salary, necessarily implied that if the Government terminated payment of salary, the opportunity to earn statutory fees must be restored. Since the Government terminated payment but did not restore that opportunity, and excluded the plaintiff from office, this amounted to a breach of the implied term, and the plaintiff was entitled to damages equal to his salary for the relevant period.

Parties
Appellant; Plaintiff: James William Evans; Respondent; Defendant: James Leslie Williams
Jurisdiction
Australia
Judgment Date
16 December 1910
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed; decision of the Supreme Court reversed.
Legal Topics
Implied Terms in Contract, Statutory Office, Employment Termination, Damages for Breach of Contract
Contract Law Public Service Law Implied Terms in Contract Statutory Office Employment Termination Damages for Breach of Contract

Case Brief

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Parties

James William Evans

Appellant; Plaintiff

James Leslie Williams

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether there was an implied term in the contract between the plaintiff and the Government to continue payment of salary or restore statutory fees upon termination.
  2. 2 Whether the contract was made with respect to the plaintiff's statutory office or as a public servant under the Public Service Act 1895.
  3. 3 Whether the Government could terminate the salary agreement at will and retain the plaintiff’s statutory emoluments.

Ratio Decidendi

By majority, the High Court held that the agreement between the Government and the plaintiff, inducing the plaintiff to renounce statutory fees in exchange for a fixed salary, necessarily implied that if the Government terminated payment of salary, the opportunity to earn statutory fees must be restored. Since the Government terminated payment but did not restore that opportunity, and excluded the plaintiff from office, this amounted to a breach of the implied term, and the plaintiff was entitled to damages equal to his salary for the relevant period.

Court Disposition

Appeal allowed; decision of the Supreme Court reversed.

Orders

  • Verdict and judgment for the plaintiff restored for the sum claimed.
  • Special leave to appeal rescinded in interlocutory proceedings.