WELLER v. McDONALD & ORS. [2000] NSWCA 243

WELLER v. McDONALD & ORS. [2000] NSWCA 243

The trial judge's findings were open on the evidence: the alleged October 1989 agreement was not established; the appellant's engagement was on the unamended 30 January 1990 letter terms, namely a consultancy fee of $50,000 per year, a $20,000 guaranteed bonus conditional on 12 months' consultancy, a discretionary project-related bonus, and termination on one month's notice. The engagement was a contract for services, notice was given on 1 August 1991, the guaranteed bonus was only for the first year, and the proposed post-judgment amendments were purposeless. No appealable error was shown.

Jurisdiction
Australia
Judgment Date
14 September 2000
Procedural Posture
Contract Appeal / Appeal to the New South Wales Court of Appeal From Judgment for the Defendants in the Supreme Court, Common Law Division
Outcome
Appeal dismissed.
Legal Topics
['offer and Acceptance' 'terms of Contract' 'contract of Employment or Retainer of Independent Contractor' 'amendment of Pleadings After Trial' 'appellate Review of Factual Findings']
['contract Law' 'employment Law' 'civil Procedure'] ['offer and Acceptance' 'terms of Contract' 'contract of Employment or Retainer of Independent Contractor' 'amendment of Pleadings After Trial' 'appellate Review of Factual Findings']

Case Brief

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Procedural Posture

Contract Appeal / Appeal to the New South Wales Court of Appeal From Judgment for the Defendants in the Supreme Court, Common Law Division

Legal Issues

  1. 1 ['Whether an agreement was made in October 1989 on the terms alleged by the appellant, including profit sharing and equity participation.' "Whether the terms of the appellant's engagement were those contained in the letter dated 30 January 1990." 'Whether the appellant was an employee or an independent contractor.' 'Whether notice of termination was given on 1 August 1991 or 6 August 1991.' 'Whether the guaranteed bonus applied only for the first year of the consultancy.' 'Whether the appellant should have been granted leave after judgment on liability to amend to raise a quantum meruit claim or seek declarations.']

Ratio Decidendi

The trial judge's findings were open on the evidence: the alleged October 1989 agreement was not established; the appellant's engagement was on the unamended 30 January 1990 letter terms, namely a consultancy fee of $50,000 per year, a $20,000 guaranteed bonus conditional on 12 months' consultancy, a discretionary project-related bonus, and termination on one month's notice. The engagement was a contract for services, notice was given on 1 August 1991, the guaranteed bonus was only for the first year, and the proposed post-judgment amendments were purposeless. No appealable error was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed with costs.']