Royal Guardian Mortgage Management Pty Limited v Nguyen [2014] NSWSC 665

Royal Guardian Mortgage Management Pty Limited v Nguyen [2014] NSWSC 665

RGMM failed to establish that the Dibelle commissions were paid under mistake or in breach of the defendants' employment obligations because the Court accepted the defendants' evidence that RGMM, through Mr Tomazin, knew of and agreed to the Dibelle arrangements and accreditation, and that the defendants were not employed to perform the work of brokers for direct borrowers. The Court also accepted that the payments to Bethian were made under a separate management agreement and were not payment of contractual bonuses. Subject to the Limitation Act 1969 (NSW), RGMM breached the employment arrangements by failing to pay the defendants' bonus entitlements and by failing to pay Ms Nguyen her...

Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Common Law Contract and Employment Proceedings With Amended Cross Claim / Principal Judgment After Hearing
Outcome
In respect of the action by RGMM against the defendants, judgment for the defendants. In respect of the amended cross-claim, judgment for the cross-claimants.
Legal Topics
['payments Allegedly Made Under Mistake' 'breach of Employment Contract' 'bonuses' 'profit Share' 'collateral Management Fee Agreement' 'construction and Variation of Contract' 'jones V Dunkel Inference' 'limitation Act Defence']
['contract Law' 'employment Law' 'corporations Law' 'evidence' 'limitation of Actions'] ['payments Allegedly Made Under Mistake' 'breach of Employment Contract' 'bonuses' 'profit Share' 'collateral Management Fee Agreement' 'construction and Variation of Contract' 'jones V Dunkel Inference' 'limitation Act Defence']

Case Brief

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Procedural Posture

Common Law Contract and Employment Proceedings With Amended Cross Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether payments made by RGMM to Dibelle were recoverable because loan applications referred by Dibelle should have come directly to RGMM as part of the defendants' employment obligations." "Whether RGMM knew of and agreed to the defendants' connection with Dibelle and the accreditation arrangements for Dibelle." "Whether payments made to Bethian were payments of bonuses owed under the defendants' employment contracts or payments under a separate management agreement." 'Whether the defendants were entitled to unpaid bonuses and Ms Nguyen was entitled to profit share under the employment arrangements.' 'Whether claims for earlier bonuses and profit share were barred by the Limitation Act 1969 (NSW).']

Ratio Decidendi

RGMM failed to establish that the Dibelle commissions were paid under mistake or in breach of the defendants' employment obligations because the Court accepted the defendants' evidence that RGMM, through Mr Tomazin, knew of and agreed to the Dibelle arrangements and accreditation, and that the defendants were not employed to perform the work of brokers for direct borrowers. The Court also accepted that the payments to Bethian were made under a separate management agreement and were not payment of contractual bonuses. Subject to the Limitation Act 1969 (NSW), RGMM breached the employment arrangements by failing to pay the defendants' bonus entitlements and by failing to pay Ms Nguyen her...

Court Disposition

In respect of the action by RGMM against the defendants, judgment for the defendants. In respect of the amended cross-claim, judgment for the cross-claimants.

Orders

  • ["Judgment for the defendants in RGMM's action against them." 'Judgment for Ms Nguyen on the amended cross-claim in the sum of $1,092,947 plus interest.' 'Judgment for Mr Stolyar on the amended cross-claim in the sum of $545,767 plus interest.' 'The parties are to calculate interest.' 'Leave to approach on three...