Health Services Union NSW v McMillan & Ors [2014] NSWSC 1868

Supreme Court New South Wales

Medium Neutral Citation: Health Services Union NSW v McMillan & Ors [2014] NSWSC 1868 Hearing dates: 11 December 2014 Decision date: 11 December 2014 Jurisdiction: Equity Division Before: White J Decision: 1.Give judgment for the plaintiff against the first defendant in the sum of $3,775,806.13 inclusive of pre-judgment interest. 2.Declare that the first defendant held sums deposited in St George Bank account number 1188 2491 during the period from 4 January 2005 to 1 September 2011, up to a total of $611,700 on constructive trust for the plaintiff. 3.Order that the first defendant pay the plaintiff's costs. Catchwords: PROCEDURE - civil - judgments and orders - application for summary judgment - application granted EQUITY - equitable remedies - equitable compensation - where defendants caused goods and services to be supplied to plaintiff at inflated rates and shared in profits - where bribes received by first defendant employee of the plaintiff formed part of loss suffered by plaintiff - whether restitution of bribe and equitable compensation for loss suffered are cumulative or alternative remedies - whether recovery of bribe and receipt of full equitable compensation would involve double recovery Cases Cited: Grant v Gold Exploration & Development Syndicate Ltd [1900] 1 QB 233 Mahesan v Malaysia Government Officers' Co-Op Housing Society Ltd [1979] AC 374 Texts Cited: Bowstead & Reynolds On Agency, 19th ed Dal Pont, Law of Agency, 3rd ed Category: Principal judgment Parties: Health Services Union NSW (Plaintiff) Cheryl Rose McMillan (1st Defendant) Alfred Alexander Downing (2nd Defendant) Representation: Counsel: H Stowe (Plaintiff) No appearance (1st Defendant) In person (2nd Defendant) Solicitors: Carroll & O'Dea Lawyers (Plaintiff) File Number(s): 2013/371161