S R Sluggett & Anor v A J Klante & Ors [2000] NSWIRComm 150

S R Sluggett & Anor v A J Klante & Ors [2000] NSWIRComm 150

Applicants are entitled only to reimbursement for those expenses which were specifically conceded by respondents, namely: itemised expenses ($6,344.38), motor vehicle expenses as claimed in tax returns ($7,916), agistment ($6,156.20), reimbursement for stock paid for ($4,563.60), and for merged sheep only to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 August 2000
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Quantification After Full Bench Remitter
Outcome
Partially allowed for specified conceded claims; other claims dismissed for lack of evidence. Proceedings stood over for calculation of final orders, interest and costs reserved.
Legal Topics
['unfair Contract' 'employment Related Expenses' 'partnership Dissolution' 'agistment' 'quantum of Damages']
['industrial Law'] ['unfair Contract' 'employment Related Expenses' 'partnership Dissolution' 'agistment' 'quantum of Damages']

Source-derived case record

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Quantification After Full Bench Remitter

Legal Issues

  1. 1 ['Whether applicants are entitled to reimbursement of employment and partnership expenses' 'Appropriate quantification of expenses and monetary compensation upon partnership setting aside' 'Entitlement to agistment claims and claims for merged stock']

Ratio Decidendi

Applicants are entitled only to reimbursement for those expenses which were specifically conceded by respondents, namely: itemised expenses ($6,344.38), motor vehicle expenses as claimed in tax returns ($7,916), agistment ($6,156.20), reimbursement for stock paid for ($4,563.60), and for merged sheep only to the extent proven (360 at $11.69 = $4,208.40); claims for other items failed for lack of sufficient evidence. No adjustments to partnership accounts will be made in absence of evidence on further items. Interest and costs reserved for further determination.

Court Disposition

Partially allowed for specified conceded claims; other claims dismissed for lack of evidence. Proceedings stood over for calculation of final orders, interest and costs reserved.

Orders

  • ['Applicants entitled to itemised expenses of $6,344.38 as conceded by respondents' 'Applicants entitled to motor vehicle expenses of $7,916 as conceded by respondents' 'Applicants entitled to agistment claim of $6,156.20 as conceded by respondents' 'Applicants entitled to stock reimbursement of $4,563.60 as...