Turner v Eggleton [1915] HCA 26

Turner v Eggleton [1915] HCA 26

Under the express terms of the agreement, the respondent was entitled to a share of profits from land acquired during his employment and sold after his dismissal, with payment to be made as profits were realized; he had no rights to profits from future undertakings commenced after dismissal.

Parties
Appellant; Defendant: Charles James Turner; Respondent; Plaintiff: Frederick Anthony Eggleton
Jurisdiction
Australia
Judgment Date
14 April 1915
Procedural Posture
Appeal / Final Judgment on Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed with costs; judgment of the Supreme Court of New South Wales affirmed with a variation
Legal Topics
Employment Termination, Purchase and Sale of Land, Construction of Contract, Profit Sharing
Contract Law Equity Employment Termination Purchase and Sale of Land Construction of Contract Profit Sharing

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Parties

Charles James Turner

Appellant; Defendant

Frederick Anthony Eggleton

Respondent; Plaintiff

Procedural Posture

Appeal / Final Judgment on Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether, under the agreement, the plaintiff was entitled to a share in profits from land purchased before dismissal but sold after dismissal
  2. 2 Interpretation of contractual terms regarding post-employment entitlements

Ratio Decidendi

Under the express terms of the agreement, the respondent was entitled to a share of profits from land acquired during his employment and sold after his dismissal, with payment to be made as profits were realized; he had no rights to profits from future undertakings commenced after dismissal.

Court Disposition

appeal dismissed with costs; judgment of the Supreme Court of New South Wales affirmed with a variation

Orders

  • Declaration to be formally varied to provide that any expenses incurred by the defendant after 7th July 1913 in respect of any work or services which it would have been the plaintiff's duty to perform, if still in the defendant's employment, shall be debited to his share.