Supreme Court
New South Wales
Medium Neutral Citation: Servcorp Limited & Anor v Vinesh Pillay [2019] NSWSC 339 Hearing dates: 28 March 2019 Date of orders: 28 March 2019 Decision date: 28 March 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Summary judgment for the plaintiffs against the defendant in the amount of NZD $808,454.17 pursuant to r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).
(2) Interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW).
(3) The defendant to pay costs of the first and second plaintiff of the motion and of the proceeding.Catchwords: CIVIL PROCEDURE – summary disposal – judgment for plaintiff – where defendant misappropriated funds belonging to the plaintiffs – where defendant undertook suspicious Google searches including “what to do if you think you will be caught for imbezlement [sic] in Australia” – where no appearance by defendant and no defence Legislation Cited: Civil Procedure Act 2005 (NSW) s 100
Uniform Civil Procedure Rules 2005 (NSW) r 13.1Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69
Sakellis v Vourlos [2018] NSWSC 1928
Shaw v State of New South Wales [2012] NSWCA 102
Singh v Varinder Kaur (1985) 61 ALR 720
Spencer v Commonwealth [2010] HCA 28Category: Procedural and other rulings Parties: Servcorp Limited (First Plaintiff)
Servcorp NZ Limited (Second Plaintiff)
Vinesh Pillay (Defendant)Representation: Counsel:
Solicitors:
A Vincent (First and Second Plaintiff)
HWL Ebsworth (First and Second Plaintiff)
File Number(s): 2018/374541
Judgment – Ex tempore (revised)
-
In this matter, the plaintiffs, Servcorp Limited and Servcorp NZ Limited, move on a notice of motion seeking summary judgment against the defendant, Vinesh Pillay, in the amount of $797,886.52, or alternatively NZD $808,454.17, pursuant to r 13.1 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR).
-
In 2018, the defendant had been employed by the first plaintiff as a financial accountant. He was responsible for presenting invoices issued to the plaintiffs by third party suppliers to signatories of the plaintiffs to obtain approval for those invoices to be paid out.
-
In late November 2018, the chief financial officer of the first plaintiff was contacted by ANZ New Zealand (ANZ NZ) to alert him to some suspicious payments that had been made over an eight month period to an unidentified account from an ANZ NZ bank account held by the plaintiffs to an unidentified account.
-
That call led to an internal investigation by the plaintiffs, which by 3 December 2018, had identified 16 separate payments totalling NZD $808,454.17 having been made from the plaintiff’s ANZ NZ bank account to a Westpac New Zealand bank account in the name of the defendant. It also identified this had come about as a result of the defendant improperly:
presenting valid tax invoices issued by the second plaintiff by third party suppliers to signatories of the second plaintiff for approval;
directing or otherwise causing payment of the valid tax invoices to be made…
Keep reading for free
Create a free CaseChat account to read Servcorp Limited v Vinesh Pillay and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] NSWSC 339
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether it had jurisdiction to hear the matter and whether it should grant judgment in default of a defence. Additionally, the court needed to determine whether the evidence presented by the plaintiff was sufficient to establish the claim against Pillay. The jurisdiction of the court was not in dispute, and the plaintiff provided affidavit evidence from a director of Servcorp Limited, which detailed the circumstances of the alleged misappropriation and the suspicious activities undertaken by Pillay, including Google searches related to embezzlement.
The court found that there was a valid cause of action based on the evidence provided and the absence of any appearance or defence by the defendant. The evidence demonstrated that Pillay had engaged in conduct that suggested knowledge of his wrongdoing, further supporting the plaintiff's claim. The court ruled that it was appropriate to grant judgment in default of defence. Consequently, judgment was entered in favour of Servcorp Limited against Pillay for the amount claimed, along with interest and costs.
The court ordered that Pillay pay the total amount of $62,380.69 to Servcorp Limited, plus interest and costs as determined by the court. This decision underscores the importance of appearing in court and the consequences of failing to do so, especially in cases where the evidence against the defendant is strong and uncontested.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.