VJ Ray Pty Ltd v Ocwieja [2024] NSWDC 349

District Court New South Wales

Medium Neutral Citation: VJ Ray Pty Ltd v Ocwieja [2024] NSWDC 349 Hearing dates: 14 August 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the plaintiff against the defendant is assessed in the sum of $391,619.16. (2) The defendant to pay the costs of the plaintiff on an indemnity basis, assessed on a gross sum basis, in the sum of $32,307.73. Catchwords: ASSESSMENT OF DAMAGES – Misappropriation – Investigation costs COSTS — Party/Party — Bases of quantification — Indemnity basis COSTS — Party/Party — Bases of quantification — Factors relevant to the court's discretion when quantifying costs – Gross sum costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Ansett Transport Industries (Operations) Pty Ltd v Commonwealth of Australia (1977) 139 CLR 54 Bell v Hartnett Lawyers (No.2) [2021] NSWSC 1270 Harrison and Another v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Thompson v Perpetual Trustees Victoria Ltd (No 2) [2023] NSWSC 459 Category: Principal judgment Parties: VJ Ray Pty Ltd ACN 000 397 973 (plaintiff) Paul Ocwieja (defendant) Representation: Counsel: Mr J Widjaja (plaintiff)

Solicitors: Harris Freidman Lawyers (plaintiff) File Number(s): 2023/00355219 Publication restriction: Nil

JUDGMENT 1. The plaintiff, VJ Ray Pty Ltd, obtained default judgment against the defendant, Paul Ocwieja, on 21 June 2024 in respect of a claim for damages for repudiation of a Deed entered on 28 March 2023 and, in the alternative, for unjust enrichment. The amount sought to be recovered, including interest, is $391,619.16. The plaintiff also seeks a gross sum costs order, assessed on an indemnity basis. For the reasons set out below, I have accepted the plaintiff's calculations as to damages and interest and, in the exercise of my discretion, will make a gross sum costs order in the plaintiff's favour assessed on an indemnity basis. 2. The plaintiff relied on affidavits affirmed by its director, Anastasios Adam Papageorgiou, on 23 May 2024, 31 July 2024 and 13 August 2024 as well as an affidavit affirmed by an auditor, Sonia Rahme, on 30 July 2024 and a report prepared by her on 2 May 2023 and affidavits of Priscilla Sidey, solicitor, of 31 July 2024 and 14 August 2024. The defendant has not taken part in these proceedings and, although notified of today's hearing, did not appear.