Suzlon Energy Ltd v Bangad [2014] FCA 1105

FEDERAL COURT OF AUSTRALIA

Suzlon Energy Ltd v Bangad [2014] FCA 1105 Citation: Suzlon Energy Ltd v Bangad [2014] FCA 1105

Parties: SUZLON ENERGY LTD AND OTHERS NAMED IN THE SCHEDULE v SANJEEV BANGAD AND OTHERS NAMED IN THE SCHEDULE

File number: NSD 1670 of 2008

Judge: RARES J

Date of judgment: 15 October 2014

Catchwords: ADMIRALTY – maritime fraud – breach of employee's fiduciary obligation to not put himself in a position of conflict or to obtain a benefit without employer's fully informed consent – fraudulent and dishonest conduct of employees and companies they controlled – use of interposed companies controlled by employees to carry employer's or principal's cargo at undisclosed inflated prices – employee without any disclosure of true position procuring related company of employer to guarantee charterparty obligations of employee's company – employee causing secret commissions and profits to be paid into Swiss bank accounts in names of companies he controlled – whether transactions gave rise to equitable debt, resulting trust or justified imposition of constructive trust – where employee's secret commissions and profits held by company he controlled as volunteer