Oueik v Girgis t/as Smartcam Security

District Court

New South Wales

Medium Neutral Citation:

Oueik v Girgis t/as Smartcam Security [2018] NSWDC 164

Hearing dates:

22, 23 and 30 November 2017 (submissions closed 14 December 2017)

Date of orders:

22 June 2018

Decision date:

22 June 2018

Jurisdiction:

Civil

Before:

Wilson SC DCJ

Decision:

(1) judgment to the first plaintiff against the first defendant in the sum of $79,982.00;

 

(2) the first defendant to pay the first plaintiff’s costs as agreed or assessed;

 

(3) the claim brought by the second plaintiff is dismissed with no order as to costs;

 

(4) the claim against the second defendant is dismissed with no order as to costs;

 

(5) the first cross claim is dismissed with no order as to costs;

 

(6) I direct the Registrar of this Court to refer the pleadings, exhibits and transcript to the Office of the Director of Prosecutions for the consideration of charging Michael Girgis in respect of potential criminal conduct referred in these reasons, including:

 

(i) fraud, being obtaining a financial advantage by the unauthorised use of another’s credit card;

 

(ii) swearing an affidavit in the Local Court which he knew to be false; and

 (iii) perjury.

Catchwords:

CONTRACT – whether contract formed – terms – void for uncertainty – quantum meruit.

  CREDIT – reliability – fraud - unauthorised use of another’s credit card for financial advantage.

Legislation Cited:

Building and Construction Industry Security Act 1999

Cases Cited:

Meehan v Jones (1982) 149 CLR 571
Australia & New Zealand Banking Group Limited v Westpac Banking Corp (1988) 164 CLR 662
Toyota Motor Corp v Ken Morgan Motors [1994] 2 VR 106
Zomojo Pty Ltd v Hurd (No 2) [2012] FCA 1458

Texts Cited:

None

Category:

Principal judgment

Parties:

Ronney Oueik (first plaintiff/first cross-defendant)
BBC Developments (second plaintiff/second cross-defendant)
Michael Girgis t/as Smartcam Security (first defendant/first cross-plaintiff)
ABBA TEJI Pty Limited (second defendant)

Representation:

Counsel:
Mr Wood (first and second plaintiffs/first and second cross-defendants)
Mr Chapman (first and second defendants/first cross-plaintiff)

  Solicitors:
Paramonte Legal (first and second plaintiffs/first and second cross-defendants)
McCullough Robertson Lawyers (first and second defendants/first cross-plaintiff)

File Number(s):

2016/140487

Publication restriction:

None

JUDGMENT

Introduction

The Plaintiffs’ Case

The Defendants’ Case

Agreed Chronology

THE EVIDENCE

Oueik’s Oral Evidence

Girgis’ Oral Evidence

Oral Evidence of Expert – Mr Myles

SUBMISSIONS

Plaintiffs’ Submissions

Defendants’ Submissions

ANALYSIS

DISPOSITION

ORDERS

JUDGMENT

Introduction

1. These proceedings involve a contractual dispute between Ronnie Oueik (the First Plaintiff) and Michael Girgis (the First Defendant). The second plaintiff is a company of which the first plaintiff was a director and shareholder and to which invoices were submitted by the first defendant. The second defendant is a company of which the first defendant was a shareholder (and may have been a director) which had a merchant facility permitting the use of the first Oueik’s credit card to pay funds to Girgis.

2. The transaction relates to the provision and installation of security cameras at Oueik’s residence in Kenthurst, New South Wales.

3. There was no written contract. The contract is said to arise from…