Agrigrain Pty Ltd v Rindfleish [2024] NSWCA 295 - Travis Schultz & Partners

Keywords: Admission contrary to subsequent argument not withdrawn, Contract terms, Discoverability, EMPLOYMENT AND INDUSTRIAL LAW, Factors still relevant in employee/independent contractor characterisation context may shed some light on issue, Knowledge of fault of defendant, Lawyers’ omissions not to rebound on plaintiff where he had taken all reasonable steps, No requirement that plaintiff knows capacity in which putative defendant might be liable, not plaintiff’s lawyers, personal injury, Pleadings, Pleadings and particulars define issues for decision, Post-contract conduct relevant where contract unwritten, Primary judge entitled to determine issue based on admission LIMITATIONS OF ACTIONS, Question of control and direction significant though not definitive CIVIL PROCEDURE, Reasonable steps to be taken by plaintiff, What reasonable person in position of all persons potentially party to contract would understand as to which entity was party as employer, When plaintiff “ought to know” facts, Which of two entities in same corporate group is true employer of respondent

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Beth Rolton
Partner & Cairns Leader
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