Visa Global Logistics Pty Ltd v Rimac [2017] NSWSC 642

Supreme Court New South Wales

Medium Neutral Citation: Visa Global Logistics Pty Ltd v Rimac [2017] NSWSC 642 Hearing dates: 9 May 2017 Date of orders: 24 May 2017 Decision date: 24 May 2017 Jurisdiction: Equity Before: Robb J Decision: Judgment in favour of the plaintiff in the amount of $447,297.12 plus interest and costs on the ordinary basis. Catchwords: CONTRACT – Contract of employment – Whether employee breached contract – Where employee had responsibility for approving invoices – Where employee approved invoices in respect of services never rendered – Where employee approved invoices at uncommercial rates – Damages.

EQUITY – Equitable remedies – Equitable compensation – Breach of fiduciary obligations – Breach of fiduciary duty by employee – Where employee had responsibility for approving invoices – Where employee approved invoices in respect of services never rendered – Where employee approved invoices at uncommercial rates.

PROCEDURE – Civil proceedings – Where defendant filed a defence but did not appear at the hearing – Where plaintiff took reasonable steps to notify defendant of the hearing date – Whether hearing should proceed in absence of the defendant. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 29.7 Cases Cited: Chong v CC Containers Pty Ltd (2015) 49 VR 402; [2015] VSCA 137 Crowe Maxwell v Frost (2016) 91 NSWLR 414; [2016] NSWCA 46 Dilosa v Latec Finance Pty Ltd (No 2) [1966] 1 NSWR 259 Hawksford v Hawksford [2005] NSWSC 463 at [54]; (2005) 191 FLR 173 Jones v Dunkel (1959) 101 CLR 298 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 NSW Trustee & Guardian as Executor of the Will of Michael Robert Walsh (deceased) v Gregory [2012] NSWSC 681 Category: Principal judgment Parties: Visa Global Logistics Pty Ltd (plaintiff) Frank Manuel Ojeda (first defendant) Nick Rimac (second defendant ) Representation: Counsel: J Darams (plaintiff)