Jiri Vychytil v Ivan Vladimir Dachkov [2014] NSWSC 529

Procedural Posture

Equity Division Proceedings by Summons for Recovery of Moneys Paid Pursuant to Fraudulent Misrepresentations / Principal Judgment After Defendants Filed No Appearance

Legal Issues

1. 1 ['Whether the plaintiffs were deceived by the first defendant into transferring funds for purported investments that were shams or fabrications.' 'Whether the first defendant was liable for amounts paid to the Westpac account and the Macquarie Bank account, with interest and credit for amounts received.' 'Whether the second defendant was liable for amounts paid into the Macquarie Bank account because she was one of the account holders and a voluntary recipient of funds procured by fraud.' 'Whether a garnishee order should issue to Macquarie Bank and procedural requirements for that application should be dispensed with.']

Ratio Decidendi

The evidence showed that the first defendant deceived the plaintiffs into paying money for purported investments that did not exist or were fabricated, including fabricated Macquarie Bank statements, and that the funds were instead used for personal expenditure or otherwise not invested as represented. The first defendant was therefore liable for the Westpac payments with interest, less credit for $58,925 received, and the first and second defendants were liable for the Macquarie payments with interest because the second defendant was a joint account holder and voluntary recipient who gave no consideration.

Court Disposition

Judgment for the plaintiffs.

Orders

• ['Judgment for the plaintiffs against the first defendant for the amounts paid to the Westpac account, with interest from the date each amount was paid, less credit for the $58,925 received in respect of the purported SG Alliance investment.' 'Judgment for the plaintiffs against the first and second defendants for...