Shaw Building Group Pty Ltd v Narayan (No 2)

The matter of Shaw Building Group Pty Ltd v Narayan (No 2) involved a dispute between Shaw Building Group Pty Ltd, the applicant, and Narayan, the first respondent. The applicant sought judgment for the total amount of $987,001.08, which was stolen by Narayan, less any repayments made by Narayan and his accomplices to the applicant. The Federal Court was tasked with determining the appropriate quantum of restitution the applicant was entitled to, considering the repayments made by both Narayan and his accomplices.

The central legal issue before the court was whether the applicant was entitled to the full amount stolen by Narayan, less the repayments made by Narayan, or if it should also deduct the repayments made by Narayan's accomplices. The court needed to assess the principles of restitution and the effect of the Submitting Notice filed by Narayan, which indicated his intention not to contest the applicant's claim.

The court found that the applicant was entitled to the full amount stolen by Narayan, less the repayments made by him. The court reasoned that the Submitting Notice filed by Narayan did not alter the fundamental nature of the applicant's claim for restitution. The court further held that the repayments made by Narayan's accomplices were not relevant to the applicant's claim against Narayan, as the applicant's right to restitution was against Narayan, who was the primary wrongdoer. Therefore, the court entered judgment for the full amount stolen by Narayan, less the $6,000 repaid by him, plus interest, amounting to $880,936.78. Additionally, the court ordered that Narayan pay the costs incurred by the applicant in pursuing the case.