Ogden v Britax Automotive Equipment Pty Ltd (ACN 007165442) [2013] QDC 83
| JUDGE: | Farr SC DCJ |
| ORDER: | The application is allowed. |
| CATCHWORDS: | APPLICATION – disclosure – application successful – Uniform Civil Procedure Rules 1999 – rule 211(1) – whether respondent failed to mitigate his loss – summary dismissal – where respondent submits issue at trial will be a determination as to whether there were justifiable grounds for a summary dismissal – where applicant submits respondents claim is for damages for breach of contract – whether mitigation of damages is in issue – where contract must be worded in such way as to “entitle” or “promise” payment in lieu of notice – where it is inadequate for the contract to allow employer to make such payment at discretion or infer that payment should be made
David Cormack – Brisbane Barrister. |
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