The Court assessed damages of $10,071,939.94 jointly and severally against a fraudulent employee and his company following default judgment, awarding equitable compensation for breach of fiduciary duty and damages for breach of contract. The Court declined to find a breach of s 18 of the Australian Consumer Law, holding that the employee's internal approval of fraudulent invoices constituted internal communications between employees excluded from s 18 under Concrete Constructions v Nelson, and that the alternative plea against the company was insufficiently pleaded. The Court confirmed that affidavit evidence is admissible on a damages assessment not to supplement the pleaded case but where relevant to the discretion whether to grant relief, including evidence quantifying loss from subpoenaed bank records.
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