Attwell v Maxx Implementation Pty Ltd [2003] NSWIRComm 52 [2003] NSWIRComm 475

Attwell v Maxx Implementation Pty Ltd [2003] NSWIRComm 52 [2003] NSWIRComm 475

The income for mitigation purposes was assessed at the guaranteed minimum franchise income ($8,178.00) minus allowable business expenses ($5,571.00, adjusted), resulting in a net mitigation of $2,126.00 and leaving $23,286.10 payable. Interest is to be paid from the initiation of proceedings to the date of judgment at Supreme Court rates. The applicant is entitled to costs on a party/party basis up to 15 May 2002 and on an indemnity basis thereafter as the award exceeded the earlier offer of compromise.

Parties
Applicant: David Attwell; Respondent: Maxx Implementation Pty Limited
Jurisdiction
Australia
Judgment Date
19 December 2003
Procedural Posture
Application Under S106 of the Industrial Relations Act 1996 / Supplementary Judgment Following Primary Judgment Addressing Residual Issues: Quantification of Mitigation From Earnings, Interest, and Costs
Outcome
Judgment for the applicant with adjustment for mitigation, award of interest, and costs as specified.
Legal Topics
Unfair Contract, Mitigation of Loss, Interest on Judgment, Costs Orders
Industrial Law Employment Law Unfair Contract Mitigation of Loss Interest on Judgment Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

David Attwell

Applicant

Maxx Implementation Pty Limited

Respondent

Procedural Posture

Application Under S106 of the Industrial Relations Act 1996 / Supplementary Judgment Following Primary Judgment Addressing Residual Issues: Quantification of Mitigation From Earnings, Interest, and Costs

Legal Issues

  1. 1 Quantification of mitigation of damages by earnings from alternative business
  2. 2 Appropriateness of deductions for business expenses including depreciation and uniform costs
  3. 3 Assessment and period of interest payable

Ratio Decidendi

The income for mitigation purposes was assessed at the guaranteed minimum franchise income ($8,178.00) minus allowable business expenses ($5,571.00, adjusted), resulting in a net mitigation of $2,126.00 and leaving $23,286.10 payable. Interest is to be paid from the initiation of proceedings to the date of judgment at Supreme Court rates. The applicant is entitled to costs on a party/party basis up to 15 May 2002 and on an indemnity basis thereafter as the award exceeded the earlier offer of compromise.

Court Disposition

Judgment for the applicant with adjustment for mitigation, award of interest, and costs as specified.

Orders

  • Respondent to pay applicant $23,286.10 (three months' pay less net business income)
  • Respondent to pay interest at Supreme Court rates from 14 July 2000 to 19 December 2003