Bannon, Paul v Nauru Phosphate Royalties Trust; Nauru Phosphate Royalties Trust v Bannon, Paul [2018] VSC 532

CONTRACT, EQUITY
Judgment type: 
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
McDonald J
Parties: 

Bannon, Paul v Nauru Phosphate Royalties Trust; Nauru Phosphate Royalties Trust v Bannon, Paul

Judgment Date: 
14 September 2018
Catchwords: 

CONTRACT - Contract of employment - Claim for unpaid fees for acting as Secretary/Director of 19 subsidiaries of defendant - Estoppel by convention - Defendant assumed that it had no liability to pay plaintiff fees for acting as Secretary/Director of subsidiaries - Plaintiff acquiesced in assumption - Whether estoppel by convention suspensory or permanent - Plaintiff estopped from claiming fees - Whether claims for fees prior to June 2009 statute barred - Claims for accrued annual and long service leave - Claims for redundancy pay and payment in lieu of notice - Claims for superannuation entitlements - Whether such claims subject to maximum superannuation salary base in Superannuation Guarantee (Administration) Act 1992 (Cth) - Corporations Act 2001 (Cth) Part 1.5, ss 46, 50AAA, 188, 204C - Superannuation Guarantee (Administration) Act 1992 (Cth) ss 11, 12, 15, 19 - Limitation of Actions Act 1958 ss 5, 27 - Nauru Phosphate Royalties Trust Act 1968 (Nr) s 32.

EQUITY - Fiduciary obligations - Counterclaim for repayment of funds advanced to plaintiff in excess of funds expended on behalf of the defendant - Adequacy of evidence - Claim dismissed in respect of financial years for which defendant failed to discover financial records which may have assisted plaintiff's defence of claim - Claim upheld in respect of 2014 financial year - Civil Procedure Act 2010 s 7 - Supreme Court (General Civil Procedure) Rules 2015 r 48.03.

Citation: 
[2018] VSC 532