Trustees of the Roman Catholic Church for the Diocese of Parramatta v Doepel [2016] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: Trustees of the Roman Catholic Church for the Diocese of Parramatta v Doepel [2016] NSWSC 1566 Hearing dates: 3 November 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The plaintiffs prepare calculations of a judgment sum in accordance with these reasons.

(2) The proceedings stand over to 10am on 4 November 2016 for the entry of judgment. Catchwords: FIDUCIARY – bribes allegedly paid to senior IT manager – nature of bribe and remedies available at common law – ex parte hearing – payment of bribe established – demonstration of loss caused by receipt of bribe – overcharging by supplier – fiduciary deliberately failed to scrutinise accounts – overcharging established – interest – set off of settlement funds. Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Roman Catholic Church Trust Property Act 1936 (NSW) Cases Cited: Aequitas v AEFC [2001] NSWSC 14 Attorney General for Hong Kong v Reid [1994] 1 AC 324 Banque Commerciale SA v Akhill Holdings Ltd [1990] HCA 11; (1990) 169 CLR 271 Briginshaw v Briginshaw (1938) 60 CLR 396 Grimaldi v Chameleon Mining NL (No 2) [2012] 200 FCR 296 Hovenden & Sons v Millhoff (1900) 83 LT 41 Perpetual Trustee Company Ltd v CTC Group Pty Ltd (No 2) [2013] NSWCA 58 T Mahesan s/o Thambiah v The Malaysia Government Officers' Co-operative Housing Society Ltd (Malaysia) [1979] AC 374 Category: Principal judgment Parties: Trustee of the Roman Catholic Church for the Diocese of Parramatta (Plaintiff) Matthew Gill Doepel (Third Defendant) Representation: Counsel: SA Lawrance; AR Jordan (Plaintiff) No Appearance (Third Defendant)