Stillwell Trucks Pty Ltd v Williams

The plaintiff, Stillwell Trucks Pty Ltd, brought proceedings against the defendant, Williams, a former employee, following the discovery of a fraudulent scheme involving false claims for items purchased by customers that were neither purchased nor delivered. The matter was heard and determined in the Local Court of New South Wales. The plaintiff sought damages for breach of contract and an order for the defendant to pay costs on a gross sum basis.

The court was required to determine whether the defendant had breached his contractual obligations to the plaintiff and, if so, the appropriate quantum of damages. Additionally, the court had to decide whether the plaintiff was entitled to costs on a gross sum basis, and if so, whether a reduction should be made given the relatively small sum sought.

In its judgment, the court found that the defendant had indeed breached his contractual obligations by engaging in fraudulent activities that resulted in financial loss to the plaintiff. The court awarded damages in the sum of $162,879.71, inclusive of interest. Given the defendant's failure to appear in court and the relatively small amount of costs sought, the court determined that a gross sum costs order was appropriate, albeit with a reduction to reflect the smallness of the sum sought. The court ordered the defendant to pay $9,487.69 in costs.

The court also ordered that a copy of the judgment be provided to the Commissioner of Police, the exhibits be retained for 28 days, and the plaintiff be required to notify the defendant of the orders. This decision underscores the importance of contractual integrity and the court's willingness to award costs in appropriate cases, even when the sums involved are relatively modest.