Sundararajah v Teachers Federation Health Ltd (No. 3) [2010] NSWSC 471

Sundararajah v Teachers Federation Health Ltd (No. 3) [2010] NSWSC 471

A notice terminating the Agreement under clause 7.2 cannot be regarded as a 'substitute notice' under clause 7.3 or within the meaning of the order as made. The injunction was varied to clarify this distinction, but the original order remains in effect restraining the Defendant from acting upon or implementing the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 May 2010
Procedural Posture
Equity Proceedings / Interlocutory Application to Vary Injunction
Outcome
Varied interlocutory injunction; clarified scope regarding substitute notice under clause 7.2; injunction otherwise maintained.
Legal Topics
['injunctions' 'interlocutory Orders' 'contractual Termination' 'variation of Orders']
['equity'] ['injunctions' 'interlocutory Orders' 'contractual Termination' 'variation of Orders']

Source-derived case record

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Procedural Posture

Equity Proceedings / Interlocutory Application to Vary Injunction

Legal Issues

  1. 1 ['Whether interlocutory injunction should be varied to permit issuing substitute notice under clause 7.3 of the agreement' "Proper construction of 'substitute notice' in the original order" 'Whether original injunction was too widely framed']

Ratio Decidendi

A notice terminating the Agreement under clause 7.2 cannot be regarded as a 'substitute notice' under clause 7.3 or within the meaning of the order as made. The injunction was varied to clarify this distinction, but the original order remains in effect restraining the Defendant from acting upon or implementing the September 2009 notice or issuing any substitute notice under clause 7.3, due to unresolved issues of good faith.

Court Disposition

Varied interlocutory injunction; clarified scope regarding substitute notice under clause 7.2; injunction otherwise maintained.

Orders

  • ['Order 1(a) made on 18 December 2009 is varied: Upon the Plaintiff giving the usual undertaking as to damages, the Defendant, by itself, its servants or agents, is, until further order restrained from: (a) acting upon or implementing a Notice of Termination dated 29 September 2009 of the HICAPS Agreement made...