Gutnick v Bondi Mizrachi Synagogue [2009] NSWSC 257

Gutnick v Bondi Mizrachi Synagogue [2009] NSWSC 257

There is a serious question to be tried as to whether the contract impliedly grants the plaintiff 'hazaka' (life tenure) and/or requires disputes about termination to be determined according to Jewish law by a Din Torah. The balance of convenience favours maintaining the status quo and granting interlocutory relief restraining any termination until such determination. Damages may not be an adequate remedy in the circumstances, and interlocutory relief will not cause disproportionate harm to the defendant due to undertakings given by the plaintiff regarding remuneration.

Jurisdiction
Australia
Judgment Date
31 March 2009
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted pending further order, subject to undertakings and orders to be made as per paragraph 1 of the short minutes of order.
Legal Topics
['contract of Service' 'termination of Employment' 'implied Contractual Terms' 'specific Performance' 'injunctions' 'arbitration Under Religious Law' 'company Law—meetings and Notice']
['employment Law' 'equity'] ['contract of Service' 'termination of Employment' 'implied Contractual Terms' 'specific Performance' 'injunctions' 'arbitration Under Religious Law' 'company Law—meetings and Notice']

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 ["Whether there is a serious question to be tried that plaintiff has 'hazaka' (life tenure) as an implied term of his employment contract" 'Whether there is a serious question to be tried regarding entitlement to specific performance or an injunction restraining termination without prior determination in accordance with Jewish law' 'Whether interlocutory relief should be granted to restrain voting on termination before a Din Torah determination' 'Whether damages would be an adequate remedy or whether the balance of convenience favours interlocutory relief']

Ratio Decidendi

There is a serious question to be tried as to whether the contract impliedly grants the plaintiff 'hazaka' (life tenure) and/or requires disputes about termination to be determined according to Jewish law by a Din Torah. The balance of convenience favours maintaining the status quo and granting interlocutory relief restraining any termination until such determination. Damages may not be an adequate remedy in the circumstances, and interlocutory relief will not cause disproportionate harm to the defendant due to undertakings given by the plaintiff regarding remuneration.

Court Disposition

Interlocutory injunction granted pending further order, subject to undertakings and orders to be made as per paragraph 1 of the short minutes of order.

Orders

  • ['Orders in accordance with paragraph 1 of the short minutes of order handed up by senior counsel for the plaintiff to restrain voting on or implementation of termination resolution, subject to noted undertakings in paragraphs 1 to 4.']