Paycorp Payment Solutions Pty Ltd & Anor v Peter Singyin Chai & Anor (No 3) [2011] NSWSC 1632

Paycorp Payment Solutions Pty Ltd & Anor v Peter Singyin Chai & Anor (No 3) [2011] NSWSC 1632

Although the potential offences disclosed by Mr Caliguri's fabrication and lodgement of a forged resignation letter were objectively serious, the Court declined to refer the papers to the Attorney-General because little damage appeared to have been done, the forged document replicated a document previously created, Mr Caliguri belatedly recognised the gravity of his conduct, and the conduct occurred in the heated context of the breakdown of the commercial relationship between the parties.

Jurisdiction
Australia
Judgment Date
07 December 2011
Procedural Posture
Consequential Orders / Show Cause Why Papers Should Not Be Referred to the Attorney General Following Judgment
Outcome
Papers not referred to the Attorney-General.
Legal Topics
['reference of Papers to Attorney General' 'potential Criminal Offences Disclosed in Civil Proceedings' 'fabricated Registration' 'forged Resignation Letter' 'business Records']
['practice and Procedure' 'criminal Law' 'evidence' 'corporations'] ['reference of Papers to Attorney General' 'potential Criminal Offences Disclosed in Civil Proceedings' 'fabricated Registration' 'forged Resignation Letter' 'business Records']

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Procedural Posture

Consequential Orders / Show Cause Why Papers Should Not Be Referred to the Attorney General Following Judgment

Legal Issues

  1. 1 ['Whether the papers should be referred to the Attorney-General in respect of potential offences against (NSW) Crimes Act 1900, s 253 and/or s 254, and/or (CTH) Corporations Act 2001, s 1308.' 'Whether referral of papers to the Attorney-General is a duty or a matter of discretion.' 'What factors should be considered in deciding whether to refer papers where evidence in civil proceedings discloses a criminal offence.']

Ratio Decidendi

Although the potential offences disclosed by Mr Caliguri's fabrication and lodgement of a forged resignation letter were objectively serious, the Court declined to refer the papers to the Attorney-General because little damage appeared to have been done, the forged document replicated a document previously created, Mr Caliguri belatedly recognised the gravity of his conduct, and the conduct occurred in the heated context of the breakdown of the commercial relationship between the parties.

Court Disposition

Papers not referred to the Attorney-General.

Orders

  • ['Papers not referred to the Attorney-General.']