Naaman v Sleiman [2014] NSWSC 1869

Naaman v Sleiman [2014] NSWSC 1869

Upon plaintiff's acceptance of defendant's repudiation, contractual entitlement to post-termination payments ceased; plaintiff cannot recover further payments for unperformed services nor any proceeds of sale, as conditions alleged do not constitute enforceable terms.

Jurisdiction
Australia
Judgment Date
24 December 2014
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Claim dismissed
Legal Topics
['construction of Contract' 'subrogation' 'damages for Breach of Contract' 'employment Relationship']
['contract Law' 'equity' 'employment Law'] ['construction of Contract' 'subrogation' 'damages for Breach of Contract' 'employment Relationship']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether the Deed of Guarantee and Restraint constituted a contract of employment' 'Whether plaintiff entitled to $2 million in damages when terminated contract of employment' "Whether defendant entitled to retain balance of proceeds of sale of plaintiff's unit"]

Ratio Decidendi

Upon plaintiff's acceptance of defendant's repudiation, contractual entitlement to post-termination payments ceased; plaintiff cannot recover further payments for unperformed services nor any proceeds of sale, as conditions alleged do not constitute enforceable terms.

Court Disposition

Claim dismissed

Orders

  • []