Millichamp v Pharmacy Platform Pty Ltd [2024] NSWSC 1236

Millichamp v Pharmacy Platform Pty Ltd [2024] NSWSC 1236

The Deed of Settlement between Roger Millichamp and Apotex Pty Ltd/Apotex Inc does not release, discharge, or indemnify Pharmacy Platform Pty Ltd from any claim arising from the employment contract between Millichamp and the defendant; therefore, the defendant remains liable for claims, including the Bonus, under the employment contract.

Parties
Plaintiff: Roger Millichamp; Defendant: Pharmacy Platform Pty Ltd
Jurisdiction
Australia
Judgment Date
02 October 2024
Procedural Posture
Contract—employment Contract—breach / Issue of Liability Only; Not Quantum
Outcome
Issue of liability determined in favour of the plaintiff; defendant not released/discharged/indemnified by Deed of Settlement regarding employment contract claims.
Legal Topics
Breach of Employment Contract, Deed of Release, Interpretation of Contract, Right to Damages, Liability for Bonus Payment
Contract Law Employment Law Breach of Employment Contract Deed of Release Interpretation of Contract Right to Damages Liability for Bonus Payment

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Parties

Roger Millichamp

Plaintiff

Pharmacy Platform Pty Ltd

Defendant

Procedural Posture

Contract—employment Contract—breach / Issue of Liability Only; Not Quantum

Legal Issues

  1. 1 Whether the Deed of Settlement between the plaintiff and Apotex Pty Ltd and Apotex Inc operates to release, discharge, or indemnify the defendant from any claim by the plaintiff relating to or arising out of the Contract of Employment between the plaintiff and the defendant
  2. 2 Whether the defendant is liable for payment of a Long Term Incentive Bonus to the plaintiff under the terms of the Employment Agreement

Ratio Decidendi

The Deed of Settlement between Roger Millichamp and Apotex Pty Ltd/Apotex Inc does not release, discharge, or indemnify Pharmacy Platform Pty Ltd from any claim arising from the employment contract between Millichamp and the defendant; therefore, the defendant remains liable for claims, including the Bonus, under the employment contract.

Court Disposition

Issue of liability determined in favour of the plaintiff; defendant not released/discharged/indemnified by Deed of Settlement regarding employment contract claims.

Orders

  • The Court declares that the Deed between the plaintiff and Apotex Pty Ltd and Apotex Inc does not release, discharge or indemnify Pharmacy Platform Pty Ltd from any claim by the plaintiff against Pharmacy Platform relating to or arising out of the Contract of Employment.
  • The defendant shall pay the plaintiff's costs of and incidental to the determination of this issue.