Macmillan and Filo and National World Travel Australia Pty Ltd and Others [2001] NSWIRComm 72

Macmillan and Filo and National World Travel Australia Pty Ltd and Others [2001] NSWIRComm 72

Orders were made giving effect to the settlement agreement entered on 26 July 2000, as the second and third respondents failed to comply with its terms and did not appear or explain their absence.

Jurisdiction
Australia
Judgment Date
15 March 2001
Procedural Posture
Unfair Dismissal Application / Decision After Re Listing on Failure of Settlement Execution; Ex Parte as to Second and Third Respondents
Outcome
Orders made to give effect to unexecuted settlement agreement; application for costs to be brought separately.
Legal Topics
['unfair Dismissal' 'settlement Enforcement' 'termination of Employment']
['employment Law' 'industrial Law'] ['unfair Dismissal' 'settlement Enforcement' 'termination of Employment']

Case Brief

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Procedural Posture

Unfair Dismissal Application / Decision After Re Listing on Failure of Settlement Execution; Ex Parte as to Second and Third Respondents

Legal Issues

  1. 1 ['Whether the agreement of 26 July 2000 was complied with by the respondents' 'Whether orders should be made to give effect to the settlement agreement' 'Entitlement to costs since 26 July 2000']

Ratio Decidendi

Orders were made giving effect to the settlement agreement entered on 26 July 2000, as the second and third respondents failed to comply with its terms and did not appear or explain their absence.

Court Disposition

Orders made to give effect to unexecuted settlement agreement; application for costs to be brought separately.

Orders

  • ['National World Travel Australia Pty Ltd to pay $3,350 to the applicants.' 'Ozland Investments Pty Ltd to pay $2,150 to the applicants.' 'Morrisett Pty Ltd to pay $3,500 to the applicants in monthly instalments of $300 commencing 15 August 2000.' 'Orders to take effect from 26 July 2000 and remain enforceable for...