Visa Global Logistics Pty Ltd v Rimac [2017] NSWSC 642

Visa Global Logistics Pty Ltd v Rimac [2017] NSWSC 642

Visa proved that Mr Rimac owed duties as an employee responsible for engaging suppliers and approving invoices, and that he breached those duties by authorising payments for invoices in circumstances where goods or services were not received, not required, or overcharged. The court was satisfied that reasonable attempts had been made to notify Mr Rimac of the hearing and proceeded under r 29.7. Mr Rimac's failure to appear or give evidence supported the drawing of inferences against him. Visa established compensation of $447,297.12, being its claimed $458,153.64 less $10,856.52 in rejected claims.

Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Claim for Damages for Breach of Employment Contract or Equitable Compensation for Breach of Fiduciary Duty / Final Hearing in the Absence of the Second Defendant; Principal Judgment
Outcome
Judgment in favour of the plaintiff against Mr Rimac for $447,297.12 plus interest and costs on the ordinary basis.
Legal Topics
['breach of Employment Contract' 'breach of Fiduciary Duty by Employee' 'approval of Invoices' 'equitable Compensation' 'damages' 'proceeding in Absence of a Party']
['contract' 'equity' 'civil Procedure' 'employment'] ['breach of Employment Contract' 'breach of Fiduciary Duty by Employee' 'approval of Invoices' 'equitable Compensation' 'damages' 'proceeding in Absence of a Party']

Case Brief

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Procedural Posture

Claim for Damages for Breach of Employment Contract or Equitable Compensation for Breach of Fiduciary Duty / Final Hearing in the Absence of the Second Defendant; Principal Judgment

Legal Issues

  1. 1 ['Whether the hearing should proceed in the absence of Mr Rimac under Uniform Civil Procedure Rules 2005 (NSW) r 29.7.' 'Whether Mr Rimac breached contractual, equitable and statutory duties owed to Visa by approving invoices for goods or services not received or at excessive rates.' 'Whether Visa proved its claimed loss and the amount of compensation payable.']

Ratio Decidendi

Visa proved that Mr Rimac owed duties as an employee responsible for engaging suppliers and approving invoices, and that he breached those duties by authorising payments for invoices in circumstances where goods or services were not received, not required, or overcharged. The court was satisfied that reasonable attempts had been made to notify Mr Rimac of the hearing and proceeded under r 29.7. Mr Rimac's failure to appear or give evidence supported the drawing of inferences against him. Visa established compensation of $447,297.12, being its claimed $458,153.64 less $10,856.52 in rejected claims.

Court Disposition

Judgment in favour of the plaintiff against Mr Rimac for $447,297.12 plus interest and costs on the ordinary basis.

Orders

  • ['Visa is entitled to judgment against Mr Rimac for $447,297.12.' 'Visa is entitled to interest from the dates payments were made that are the subject of its entitlement to compensation.' 'Visa is entitled to costs on the ordinary basis.' 'Visa was invited to submit short minutes of order and a schedule showing how...