Health Services Union NSW v McMillan & Ors [2014] NSWSC 1868

Health Services Union NSW v McMillan & Ors [2014] NSWSC 1868

The plaintiff is entitled to judgment against the first defendant for equitable compensation and not to cumulative recovery of both the amount of bribes and the total amount of loss where the bribes are a direct component of the loss. Judgment is entered for the amount by which invoices were inflated, inclusive of...

Source-derived case information.

Parties
Plaintiff: Health Services Union NSW; First Defendant: Cheryl Rose McMillan; Second Defendant: Alfred Alexander Downing
Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Civil / Summary Judgment Application
Outcome
Judgment for the plaintiff against the first defendant
Legal Topics
Equitable Remedies, Equitable Compensation, Constructive Trust, Bribes and Secret Commissions, Summary Judgment
Equity Equitable Remedies Equitable Compensation Constructive Trust Bribes and Secret Commissions Summary Judgment

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Parties

Health Services Union NSW

Plaintiff

Cheryl Rose McMillan

First Defendant

Alfred Alexander Downing

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted against the first defendant for damages and equitable compensation arising from payment of bribes and inflated invoices
  2. 2 Whether the plaintiff is entitled to cumulative recovery of bribes and losses or must elect between remedies

Ratio Decidendi

The plaintiff is entitled to judgment against the first defendant for equitable compensation and not to cumulative recovery of both the amount of bribes and the total amount of loss where the bribes are a direct component of the loss. Judgment is entered for the amount by which invoices were inflated, inclusive of pre-judgment interest.

Court Disposition

Judgment for the plaintiff against the first defendant

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $3,775,806.13 inclusive of pre-judgment interest
  • Declaration that the first defendant held sums deposited in St George Bank account number 1188 2491 during the period from 4 January 2005 to 1 September 2011, up to a total of $611,700, on constructive trust for the plaintiff