Voyages Indigenous Tourism Australia Pty Ltd v Tristar Alliance Group Pty Ltd [2020] NSWSC 477

Supreme Court New South Wales

Medium Neutral Citation: Voyages Indigenous Tourism Australia Pty Ltd v Tristar Alliance Group Pty Ltd [2020] NSWSC 477 Hearing dates: 5, 6 and 7 February 2019 and 4 February 2020 Decision date: 19 May 2020 Jurisdiction: Equity Before: Lindsay J Decision: (1) Judgment to be entered in favour of the plaintiff, against the defendants in varying amounts, entitling it to recover compensation for moneys stolen from it by the second defendant and received by other defendants, in varying amounts, as volunteers.

(2) Judgment to be entered in favour of the first and third defendants, on their cross claim against the second defendant, for indemnification in respect of compensation payable by them to the plaintiff. Catchwords: EQUITY – Misappropriation – Stolen moneys – Institutional constructive trust – Trust money received by volunteers – Trust money dissipated – Absence of property to support proprietary remedy – Recovery of equitable compensation as personal remedy.

AGENCY – Authority of agent - Ostensible authority – Third party reliance upon principal's holding out of "agent" as duly authorised – Reliance by third party unreasonable – Principal not bound – No ostensible authority. Legislation Cited: Civil Procedure Act 2005 NSW Cases Cited: Black v S Freedman & Co (1910) 12 CLR 106 Combulk Pty Ltd v TNT Management Pty Ltd (1993) 41 FCR 59 Heperu Pty Ltd v Belle (2009) 76 NSWLR 230 Pourzand v Telstra Corporation Ltd [2014] WASCA 14 Robb Evans of Rob Evans & Associates v European Bank (2004) 61 NSWLR 75 Sze Tu v Lowe (2014) 89 NSWLR 317 Texts Cited: GE Dal Pont, Law of Agency (Lexis Nexis Butterworths, Australia, 3rd ed, 2014), paragraphs [20.38]-[20.46] I Neil and D Chin, The Modern Contract of Employment (Lawbook Co, 2nd ed, 2017), paragraphs [6.150]-[6.156] and [7.46]. Category: Principal judgment Parties: Plaintiff: Voyages Indigenous Tourism Australia Pty Ltd ACN 146 482 591 First Defendant: Tristar Alliance Group Pty Ltd ACN 611 970 917