The Commercial Bar Association of Victoria Inc. A0120851O
On 17 April 2015, the New South Wales Court of Appeal handed down judgment in the 15 year legal battle of NSW v Shaw [2015] NSWCA 97 (NSW v Shaw), finding that there was no implied term of mutual trust and confidence in probationary employment contracts.
Justice Hargrave has declined to follow the earlier decision of Justice Pagone in Solak v Bank of Western Australia Ltd [2009] VSC 82. The cases involved the construction of a registered “all monies” mortgage which included a forged mortgage document and a forged loan agreement. Justice Hargrave followed New South Wales Court of Appeal decisions in holding that the mortgage effectively secures nothing because the underlying loan documents had been forged.