I C Pipes Pty Ltd v DGS Trading Pty Ltd (No 2) [2023] NSWSC 1109

Supreme Court New South Wales

Medium Neutral Citation: I C Pipes Pty Ltd v DGS Trading Pty Ltd (No 2) [2023] NSWSC 1109 Hearing dates: 11 September 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: 1. The second defendant (Mr Sam Blanch) is to account to the plaintiff (IC Pipes Pty Ltd) in the sum of $241,227 for profits in equity arising out of his breach of fiduciary duties owed to the plaintiff. 2. The third defendant (Blanch Consulting Pty Ltd) is to account to the plaintiff in the sum of $232,827 for profits knowingly received by reason of the second defendant's breach of fiduciary duties owed to the plaintiff. 3. The plaintiff is entitled to interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW) up to the date of these orders. 4. The cross-claim is dismissed. 5. The second and third defendants are to pay the costs of the plaintiff in respect of the plaintiff's claim and the cross-claim. 6. The parties have liberty to apply in respect of any different costs order. Catchwords: EQUITY – breach of fiduciary duty – where plaintiff seeking relief against former employee and former employee's consulting company – where second defendant is self-represented and failed to appear in court – where second defendant created invoices for a third party and used position for personal gain Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Limitation Act 1969 (NSW), s 14B Uniform Civil Procedure Rules 2005 (NSW), rr 13.6, 14.30 Cases Cited: Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited & Anor (2018) 265 CLR 1; [2018] HCA 43 Barnes v Addy (1874) LR 9 Ch App 244 IC Pipes v DGC Trading Pty Ltd [2023] NSWSC 1081 Category: Principal judgment Parties: I C Pipes Pty Ltd (Plaintiff) Sam Blanch (Second Defendant) Blanch Consulting Services Pty Ltd (Third Defendant) Representation: Counsel: Ms J Granger