Oueik v Girgis t/as Smartcam Security [2018] NSWDC 164

District Court New South Wales

Medium Neutral Citation: Oueik v Girgis t/as Smartcam Security [2018] NSWDC 164 Hearing dates: 22, 23 and 30 November 2017 (submissions closed 14 December 2017) Date of orders: 22 June 2018 Decision date: 22 June 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: (1) judgment to the first plaintiff against the first defendant in the sum of $79,982.00;

(2) the first defendant to pay the first plaintiff's costs as agreed or assessed;

(3) the claim brought by the second plaintiff is dismissed with no order as to costs;

(4) the claim against the second defendant is dismissed with no order as to costs;

(5) the first cross claim is dismissed with no order as to costs;

(6) I direct the Registrar of this Court to refer the pleadings, exhibits and transcript to the Office of the Director of Prosecutions for the consideration of charging Michael Girgis in respect of potential criminal conduct referred in these reasons, including:

(i) fraud, being obtaining a financial advantage by the unauthorised use of another's credit card;

(ii) swearing an affidavit in the Local Court which he knew to be false; and

(iii) perjury. Catchwords: CONTRACT – whether contract formed – terms – void for uncertainty – quantum meruit.

CREDIT – reliability – fraud - unauthorised use of another's credit card for financial advantage. Legislation Cited: Building and Construction Industry Security Act 1999 Cases Cited: Meehan v Jones (1982) 149 CLR 571 Australia & New Zealand Banking Group Limited v Westpac Banking Corp (1988) 164 CLR 662 Toyota Motor Corp v Ken Morgan Motors [1994] 2 VR 106 Zomojo Pty Ltd v Hurd (No 2) [2012] FCA 1458 Texts Cited: None Category: Principal judgment Parties: Ronney Oueik (first plaintiff/first cross-defendant) BBC Developments (second plaintiff/second cross-defendant) Michael Girgis t/as Smartcam Security (first defendant/first cross-plaintiff) ABBA TEJI Pty Limited (second defendant) Representation: Counsel: Mr Wood (first and second plaintiffs/first and second cross-defendants) Mr Chapman (first and second defendants/first cross-plaintiff)