HOGAN v OLEX CABLES [1997] IRCA 140

HOGAN v OLEX CABLES [1997] IRCA 140

There was no compliance by the respondent with the conditions of the purported settlement agreement, and in particular, failure to pay the agreed sums within the specified time, entitling the applicant to treat the agreement as at an end. No binding compromise exists, and the applicant may proceed with his substantive claim.

Parties
Applicant: Malcolm Denzil Hogan; Respondent: Olex Cables
Jurisdiction
Australia
Judgment Date
02 May 1997
Procedural Posture
Industrial Law Termination of Employment / Preliminary Question as to Whether Proceeding Settled by Agreement Prior to Hearing Full Merits of Original Claim
Outcome
Preliminary question resolved for the applicant. Matter relisted for hearing on merits.
Legal Topics
Termination of Employment, Settlement Agreements, Authority of Counsel, Enforcement of Compromise
Industrial Law Employment Law Termination of Employment Settlement Agreements Authority of Counsel Enforcement of Compromise

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Parties

Malcolm Denzil Hogan

Applicant

Olex Cables

Respondent

Procedural Posture

Industrial Law Termination of Employment / Preliminary Question as to Whether Proceeding Settled by Agreement Prior to Hearing Full Merits of Original Claim

Legal Issues

  1. 1 Whether a binding agreement to compromise the claim existed
  2. 2 Whether counsel was authorised to compromise the claim
  3. 3 Whether the consent order perfected the alleged compromise

Ratio Decidendi

There was no compliance by the respondent with the conditions of the purported settlement agreement, and in particular, failure to pay the agreed sums within the specified time, entitling the applicant to treat the agreement as at an end. No binding compromise exists, and the applicant may proceed with his substantive claim.

Court Disposition

Preliminary question resolved for the applicant. Matter relisted for hearing on merits.

Orders

  • Proceeding No. VI 1800 of 1996 be relisted for hearing on the earliest available date.