Melanie Cairns’ success in unanimous Court of Appeal decision

Ms Cairns appeared unled against Senior Counsel, in successfully defending an appeal on contractual construction, breach of contract and wrongful termination. The unanimous decision of Bathurst CJ, Gleeson JA and Sackville AJA was handed down last week with the lead judgment accepting all of Ms Cairns’ submissions by stating that they were reflected in its reasons.

This decision ends 3½ years of hard-fought litigation in which Ms Cairns successfully acted for a company and its director, first, in the hearing below over 7 days before McDougall J involving alleged breach of fiduciary duty and contract, misrepresentation, unconscionability and estoppeland then, on appeal, with Ms Cairns arguing that there had been no error and that the construction point had not been squarely raised below. Ms Cairns led Louise Hulmes and was instructed by Resolve Litigation Lawyers. The full judgment is Management Services Australia Pty Ltd v PMWorks Pty Ltd & Anor [2019] NSWCA 107

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