Doka Formwork Australia Pty Ltd v Complex Formwork Pty Ltd, Romeo Ibrahim, and Toplace Pty Ltd [2018] NSWDC 326

District Court New South Wales

Medium Neutral Citation: Doka Formwork Australia Pty Ltd v Complex Formwork Pty Ltd, Romeo Ibrahim, and Toplace Pty Ltd [2018] NSWDC 326 Hearing dates: 23 and 24 July 2018 Date of orders: 31 October 2018 Decision date: 31 October 2018 Jurisdiction: Civil Before: Strathdee, DCJ Decision: 1. Verdict and Judgement for the plaintiff against the Second and Third Defendants in the sum of $272,293.19 inclusive of GST and interest.

2. Second and Third Defendants to pay the Plaintiff's costs as agreed or assessed. Catchwords: Guarantees and Indemnities between principal and subcontractors – allocation of payments – implied or actual relationship of agency – misappropriation of cheques – supply and sale of goods and services – Mercantile law Legislation Cited: Cheques Act 1986 (Cth) Cases Cited: Australasian Brokerage Ltd v Australian & New Zealand Banking Corporation Ltd [1934] HCA 34 Australian Competition and Consumer Commission v Yellow Page Marketing BV and Anor (No 2) [2011] FCA 532 Forney v Dominion Insurance Co Ltd [1969] 1 WLR 928

Junger v Hepburn [2010] NSWSC 88; Equitycorp Finance Ltd (in liq) v Bank of New Zealand (1993) 32 NSWLR 50 The Phoenix Assurance Company Ltd v Berechree (1906) 3 CLR 946 Westpac Banking Corporation v Hughes and Anor [2011] QCA 42 Yeoman Credit Ltd v Latter [1969] 1 WLR 828 Young v Queensland Trustees Ltd (1956) 99 CLR 560 Category: Principal judgment Parties: Doka Formwork Australia Pty Ltd ACN 149 754 692 (Plaintiff)