Fardell v Coates Hire Operations Pty Ltd [2010] NSWSC 346

Fardell v Coates Hire Operations Pty Ltd [2010] NSWSC 346

The plaintiff gave valid conditional notice of termination under clause 7.3 following a change of control leading to a material diminution in his role. The employer's immediate termination breached an implied term not to frustrate the operation of clause 7.3. The plaintiff was entitled to the relevant payments under...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 April 2010
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
['construction of Contract' 'termination of Employment' 'employee Incentive Schemes' 'damages for Breach of Contract']
['contract' 'employment' 'equity'] ['construction of Contract' 'termination of Employment' 'employee Incentive Schemes' 'damages for Breach of Contract']

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Was the plaintiff entitled to payment under clause 7.3 of the Service Agreement?' 'Did the plaintiff properly give notice under the change of control provision?' 'Was the calculation of payments correct under the employment contract?' 'Was the plaintiff entitled to pro-rata benefits under the incentive schemes following amendments?' 'Was the defendant liable for damages for breach of contract or implied terms?']

Ratio Decidendi

The plaintiff gave valid conditional notice of termination under clause 7.3 following a change of control leading to a material diminution in his role. The employer's immediate termination breached an implied term not to frustrate the operation of clause 7.3. The plaintiff was entitled to the relevant payments under the Service Agreement, pro-rata incentive benefits as amended, and damages, with no reduction for post-termination earnings.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Entry of judgment for the plaintiff in the sum of $819,180.50.' 'Interest awarded under s 100 of the Civil Procedure Act 2005 (NSW) at prescribed rates.' 'Court will hear the parties on costs.' 'Exhibits may be returned after 28 days.']