SHIMMON v WANG COMPUTER PTY LTD [1994] NSWCA 285

SHIMMON v WANG COMPUTER PTY LTD [1994] NSWCA 285

No implied term requiring reasonable notice to terminate services can be implied where such a term is contrary to an express term in a written contract; thus, the trial judge was correct in rejecting the argument.

Parties
Appellant: Shimmon; Respondent: Wang Computer Pty Ltd
Jurisdiction
Australia
Judgment Date
06 September 1994
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Implied Terms, Termination of Services, Reasonable Notice
Contract Law Implied Terms Termination of Services Reasonable Notice

Case Brief

Summary, issues, holding and outcome

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Parties

Shimmon

Appellant

Wang Computer Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an implied term requiring reasonable notice for termination can operate contrary to an express term in a written contract
  2. 2 Whether the calculation of interest by the trial judge was correct

Ratio Decidendi

No implied term requiring reasonable notice to terminate services can be implied where such a term is contrary to an express term in a written contract; thus, the trial judge was correct in rejecting the argument.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.