Terence John Bell and Pepsico Australia [1995] IRCA 437

Terence John Bell and Pepsico Australia [1995] IRCA 437

Because the matter had been settled in principle but later misunderstandings had become compounded, and because further evidence and costs should be avoided, the appropriate course was to vary the consent orders to state practical steps for payment, reinstatement certification, resignation documentation and execution of a deed.

Jurisdiction
Australia
Judgment Date
11 August 1995
Procedural Posture
Application by Notice of Motion Concerning Alleged Non Compliance With Consent Orders / Revised Reasons for Decision Delivered Ex Tempore
Outcome
Leave for short service was granted and the consent orders were varied by further orders.
Legal Topics
['consent Orders' 'variation of Consent Orders' 'reinstatement' 'settlement Payment' 'contempt Application' 'short Service']
['industrial Relations' 'employment Law' 'civil Procedure'] ['consent Orders' 'variation of Consent Orders' 'reinstatement' 'settlement Payment' 'contempt Application' 'short Service']

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Procedural Posture

Application by Notice of Motion Concerning Alleged Non Compliance With Consent Orders / Revised Reasons for Decision Delivered Ex Tempore

Legal Issues

  1. 1 ['Whether time for filing and serving the notice of motion should be abridged or short service allowed.' 'Whether the applicant was entitled to proceed to enforce consent orders made on 31 July 1995.' 'Whether declaratory relief or contempt relief should be granted in connection with alleged non-compliance with the consent orders.' 'Whether the consent orders should be varied to resolve misunderstandings between the parties.']

Ratio Decidendi

Because the matter had been settled in principle but later misunderstandings had become compounded, and because further evidence and costs should be avoided, the appropriate course was to vary the consent orders to state practical steps for payment, reinstatement certification, resignation documentation and execution of a deed.

Court Disposition

Leave for short service was granted and the consent orders were varied by further orders.

Orders

  • ['Leave is granted for short service of notice of motion and accompanying affidavit.' 'The respondent is to pay to the applicant the sum of $20,000.00 by 5 p.m. Friday 18 August 1995.' 'On Friday, 18 August 1995 the respondent is to provide a letter dated 4 August 1995 to the applicant on letterhead which states:...