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

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

The disputed cheques issued by Toplace were never delivered to Doka and thus do not discharge Toplace's payment obligation under the guarantee and indemnity. No effective agency relationship existed between Romeo Ibrahim and Doka to effectuate delivery. The plaintiff was entitled to allocate repayments where no directive was provided. The hire-free period was three months. Judgment awarded against Second and Third Defendants for outstanding sum.

Parties
Plaintiff: Doka Formwork Australia Pty Ltd; First Defendant: Complex Formwork Pty Ltd; Second Defendant: Romeo Ibrahim; Third Defendant: Toplace Pty Ltd
Jurisdiction
Australia
Judgment Date
31 October 2018
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff against Second and Third Defendants
Legal Topics
Guarantees and Indemnities, Allocation of Payments, Implied or Actual Relationship of Agency, Misappropriation of Cheques, Supply and Sale of Goods and Services
Mercantile Law Guarantees and Indemnities Allocation of Payments Implied or Actual Relationship of Agency Misappropriation of Cheques Supply and Sale of Goods and Services

Case Brief

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Parties

Doka Formwork Australia Pty Ltd

Plaintiff

Complex Formwork Pty Ltd

First Defendant

Romeo Ibrahim

Second Defendant

Toplace Pty Ltd

Third Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the outstanding invoices are a debt claimable against Toplace and the quantification of the indebtedness
  2. 2 Whether cheques drawn by Toplace but never delivered to Doka constitute repayment of amounts due under the contract
  3. 3 Proper allocation of payments made by Toplace and validity of Doka's allocation to Granville Project

Ratio Decidendi

The disputed cheques issued by Toplace were never delivered to Doka and thus do not discharge Toplace's payment obligation under the guarantee and indemnity. No effective agency relationship existed between Romeo Ibrahim and Doka to effectuate delivery. The plaintiff was entitled to allocate repayments where no directive was provided. The hire-free period was three months. Judgment awarded against Second and Third Defendants for outstanding sum.

Court Disposition

Judgment for the plaintiff against Second and Third Defendants

Orders

  • Verdict and Judgement for the plaintiff against the Second and Third Defendants in the sum of $272,293.19 inclusive of GST and interest.
  • Second and Third Defendants to pay the Plaintiff's costs as agreed or assessed.