The Victorian Multiethnic Slavic Welfare Association Inc (in liq) v Trajkov

Case

[2017] VCC 1433

9 October 2017

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

COMMERCIAL DIVISION

Revised
Not Restricted
Suitable for Publication

GENERAL LIST

Case No. CI-16-05465

The Victorian Multiethnic Slavic Welfare Association Inc (in liq) & Anor Plaintiff
v
Trajkov & Anor Defendant

---

JUDGE:

Judicial Registrar Tran

WHERE HELD:

Melbourne

DATE OF HEARING:

25, 28 August, 1 September 2017

DATE OF JUDGMENT:

9 October 2017

CASE MAY BE CITED AS:

The Victorian Multiethnic Slavic Welfare Association Inc (in liq) & Anor v Trajkov & Anor

MEDIUM NEUTRAL CITATION:

[2017] VCC 1433

REASONS FOR JUDGMENT
---

Catchwords:             DAMAGES – Assessment of damages on default judgment – Office holder’s failure to account for private expenses and use of cash funds of Association

Cases Cited:            Chan v Zacharia (1984) 154 CLR 178

Damberg v Damberg (2001) 52 NSWLR 492

Fodare Pty Ltd v Shearn [2011] NSWSC; (2011) 29 ACLC 738

Houghton v Immer (No 155) Pty Ltd (1997) 44 NSWLR 46

JLW v Tsiloglou [1994] 1 VR 237

KQ International Trading Pty Ltd v Yang [2016] VSC 146

Patrick Finlayson v Indigenous Business Australia [2014] VSCA 95

Smith v Smith [2017] NSWSC 408

---

APPEARANCES:

Counsel Solicitors
For the Plaintiff M. Bromley
For the Defendant In person

JUDICIAL REGISTRAR:

  1. The Lalor Childcare Centre operated by the Victorian Multiethnic Slavic Welfare Association (“the Association”) was by all accounts a wonderful place. For over twenty years it served its local community by providing children with long day care, before and after school care, and also by providing opportunities for women from non-English speaking backgrounds to train as child care workers. The staff were dedicated and caring, the children were happy and the parents were grateful for the service provided. The self-described “Captain” and founder of the Centre was Boris Trajkov. He says that his happiest times were when he was at the centre. Charismatic and articulate, he attracted great loyalty from his staff, many of whom continued to work for the Centre even when their salary cheques were repeatedly dishonoured. Lily Stojanova worked at the centre for 29 years. During a seven year battle with lung cancer, she never missed a day of work at the Centre. She continued to work even though she did not receive any salary payments with respect to the period from October 2015 to March 2016. Boris told her he was the Captain of a sinking ship and she was the second in charge and they should be paid last. She (and, I infer, many others involved in the centre) believed in him.

  1. He let them all down.

  1. Far from being paid last, between 20 February 2013 and 31 March 2016, Boris used funds held in the bank account of the Association to pay private expenses totalling $326,896.01, including $44,890.84 on alcohol, $17,616.04 on accommodation, $30,571.32 on flight and travel and $152,594.96 on fashion and jewellery expenses. This included numerous purchases at Dan Murphy’s and at restaurants such as Bistro Vue, Kenzan and Sake, and many thousands of dollars at women’s boutiques such as Scanlan and Theodore. During that period, the total net salary Boris was entitled to be paid by the Association was less than $180,000.00.[1]

    [1]Boris gave evidence that his fortnightly pay was $2221.00 (T:140:9-10). There are approximately 81 fortnights between 20 February 2013 and 31 March 2016. 81 x 2221 = 179,901.00

  1. Whilst he was using the bank account of the Association to spend large sums of money on wholly personal expenses, cheques drawn by the Association, including the salary cheques of dedicated staff members, were being dishonoured due to the lack of funds in that bank account. This lead to the Association incurring significant dishonoured cheque fees, interest and a reputation as an organisation which could not be trusted to pay by cheque. Boris was subsequently to rely upon this poor reputation as the basis for the Association transacting principally in cash. This, he said, explained why only $56,107.00 in cash had been paid into the Association’s bank account between 20 February 2013 and 31 March 2016, even though:

a)    the Association had received $1,609,841.50 in cash payments from parents during this period;

b)    a further $206,074.33 in cash had been withdrawn from the bank account; and

c)    $192,690.00 belonging to the Association and borrowed on the strength of a mortgage over the Lalor Childcare site had been transferred to his wife’s bank account rather than paid into the Association’s bank account

The issues to be decided

  1. Default judgment has been entered against Boris for damages to be assessed. The default judgment arose in the following circumstances.

  1. A liquidator was appointed to the Association on 30 March 2016 by order of the Supreme Court of Victoria on the application of an unpaid creditor. By Writ filed 7 December 2016, the Association sued Boris seeking (among other things) damages of over $3.5 million.

  1. Boris was personally served with the Writ on 9 December 2016. He did not enter an appearance. Default judgment for damages to be assessed was entered against him on 22 December 2016. The trial assessment was listed for 15 March 2017. After two adjournments it came on for hearing before me on 28 July 2017. I adjourned it a further time to enable Boris to obtain pro bono legal advice on a number of issues. Orders were also made requiring any application to set aside the default judgment to be made by 18 August 2017. Boris obtained pro bono advice. He did not apply to set aside the default judgment.[2]

    [2]Boris maintained at commencement of the trial assessment that he still wished to apply to set aside the default judgment and thought that his pro bono barrister was going to file the application to set aside the default judgment. I do not accept that a barrister would have told Boris that the barrister was going to file an application to set aside default judgment on Boris’ behalf. In any event, it was made clear to Boris at the trial assessment that the Court had not received any application to set aside the default judgment and if he wished to apply to set aside the default judgment he would need to file a summons with the Court. As at the date of publishing these reasons, no such summons has been filed.

  1. The trial assessment ultimately came on for hearing before me on 25 August 2017. Where a default judgment for damages to be assessed has been entered, the defendant is deemed to have admitted all the allegations in the plaintiff’s statement of claim, save as to quantum of damages.[3] Boris thus admitted that:

    [3]       Patrick Finlayson v Indigenous Business Australia [2014] VSCA 95 at [32]

a)    he was an office holder of the Association at the relevant times and that he owed duties to the Association to exercise his powers and discharge his duties (a) in good faith and in the best interests of the Association and (b) for a proper purpose; and not to make improper use of that office to gain an advantage for himself or herself or any other person or to cause detriment to the Association.

b)    he has failed to account for $2,582,428.56 of service fee payments made to the Association;

c)    he has failed to account for $785,537.31 of expenses and cash withdrawn from the Association’s bank account during 19 February 2013 and 5 May 2015;

d)    he arranged on 29 April 2014 for the sum of $142,690.00 to be transferred from the Association to his wife;

e)    he arranged on 29 October 2014 for the sum of $50,000.00 to be transferred from the Association to his wife; and

f)     further or alternatively, he loaned himself $3,367,965.87 and had not repaid that loan.

  1. For the purpose of the trial assessment, the Plaintiff relied upon a reduced figure of $1,609,841.50 in service fee payments in cash, rather than the $2,582,428.56 alleged in the Statement of Claim. The higher figure provided in the Statement of Claim was based on a “Kidsoft Report” produced by the child care management software system of the service fee payments payable by parents between 1 July 2012 and 30 June 2016. The lower figure was based on the total of 7,973 cash receipts for payments actually made by parents in the period 20 February 2013 to 31 March 2016. It is lower as a result of:

a)    the reduced period. The liquidator did not have copies of the Association’s bank statements for the period 27 January 2012 to 20 February 2013, so accepted this reduced period was appropriate for the purposes of the trial assessment; and

b)    the possibility that parents did not pay fees when due. In evidence, Boris explained the discrepancy between Kidsoft and cash receipts by reason of the failure of a number of parents to pay fees when due.

  1. Boris did not dispute this reduced figure at the trial assessment and I accept that it is appropriate.[4]

    [4]Damberg v Damberg (2001) 52 NSWLR 492, 520-2

  1. In assessing damages, I must start from the general principle that:[5]

    A plaintiff cannot recover substantial as opposed to nominal damages unless he proves both the fact and the amount of damage… If he proves the fact of loss but does not call the necessary evidence as to its amount he cannot be awarded substantial damages… the amount of the damage must be proved with certainty, but this only means as much “certainty” as is reasonable in the circumstances … Where precise evidence is obtainable, the court naturally expects to have it; where it is not, the court must do the best it can.

    [5]JLW v Tsiloglou [1994] 1 VR 237 at 241 (Brooking JA)

  2. In the present case, the burden on the Association must be considered in the context of the deemed admissions of breach of Boris’ fiduciary duties and statutory duties to account. In a classic statement of the requirement of a fiduciary to account, Deane J explained in Chan v Zacharia that it:[6]

    …requires the fiduciary to account for any benefit or gain obtained or received by reason of or by use of his fiduciary position or of opportunity or knowledge resulting from it: the objective is to preclude the fiduciary from actually misusing his position for his personal advantage.

    [6](1984) 154 CLR 178 at [24]

  3. The burden on the Association must also be considered in light of the uncontroverted evidence that over a period of a little over 3 years, Boris used $326,896.01 of the funds of the Association to pay for his personal expenses and the personal expenses of his friends and family, including alcohol, travel, clothes, jewellery and fine dining. Even in the absence of the deemed admissions in the Statement of Claim, I would be satisfied that this conduct amounted to a significant breach of the fiduciary and statutory duties imposed upon Boris. It shows, at best, a complete lack of understanding of the significant duties imposed upon Boris as an office holder, a preferring of his own interests to those of the Association, and a wilful blindness to the damage his conduct caused to the Association at the very least in terms of dishonour fees and loss of reputation.

  1. It also must be considered in light of the failure by Boris to produce any proper records showing the expenses of the company, the reimbursement of private expenses by him, or the use of Association money paid into his wife’s account or withdrawn in cash. On 28 July 2017, when this matter first came on before me, I said to Boris:

    [Counsel for the Plaintiff] is going to say that if you can’t justify a particular expense then you should owe that money… to the Association. That is what he is going to say. So, if there is any documents that list all the expenses; if there is any receipts for expenses paid then you need to locate those documents and have them ready… If there is evidence of cash spending, you need to find it.

  2. The liquidator’s evidence was that the books of the Association were in a terrible state:

    There was actually very poor bookkeeping practices for the childcare centre. As we walked into the actual office itself, it’s a very – it was very disorderly. There were papers strewn on the floor, on the desk and there were no computers. So in most instances, Your Honour, when we get appointed to a company or association the first thing we do is to look for any accounting records, and that can be contained either in a computer or in some form of manual cash book or journal. We didn’t find any of that. T:17:10-19

    … it was messy, it was chaos, it was not normal. T:22:20-21

    … having seen the records that were there, there is no capacity for anyone, for anyone to actually work out where those receipts have gone, or where those payments have gone. It is virtually impossible. They’re just so inadequate records that I suggest even you, Mr Trajkov, would not be able to do that. T:32:14-20

    … Now, in as far as this childcare centre is concerned, there are no accounting records. The books and records were absolutely non-existent. The auditors, or the association – even they weren’t aware of the financial statements of the childcare centre… So I have an issue in terms of whether or not – as I said, whether there was any capacity to work out with any degree of certainty, where the cash has gone. T:38:30-T:39:7

    It’s impossible to – to guess where the cash payments have gone because there is no capacity or record of where the cash payments went. T:40:10-12

    The records are so disorganised that it was impossible to reconcile anything. T:44:15-17

  3. Boris contended that he in fact kept three separate exercise books recording all cash expenses, wages paid in cash and private expenses repaid. He was unable to produce those books at the trial assessment, despite having been given an opportunity to inspect all documents held by the liquidator. I do not accept his submission that those books must have been lost or destroyed by the liquidator. No evidence was given by anyone other than Boris as to their existence. If these books were as exhaustive as contended by Boris one would expect his staff to have seen him writing in them each time they handed him a receipt and to have been able to give evidence as to their existence. In fact, the evidence which was given by Mrs Stojanova was that when she gave him receipts he “shoved”[7] them in a box in the cupboard behind him with a plastic band around them.[8]

    [7]Or “shovelled” as is recorded on the transcript.

    [8]T:69:21:29

  1. The mere fact that Mrs Stojanova observed “papers” in a rubbish bin[9] does not amount to evidence that important financial records would have been discarded by the liquidator. I accept the liquidator’s evidence as to the state of the records of the Association and his understanding of the importance of his obligation to take control of the books and records and to document and store them. The more probable explanation for Boris’ inability to produce these exercise books is that they did not exist or were in such a poor state as to be unrecognisable and of little assistance to Boris.

    [9]T:64:8-25

  1. A number of cases have considered the burden of proof where there has been a failure to keep proper accounts. In Houghton v Immer (No 155) Pty Ltd (1997) 44 NSWLR 46 at 59, Handley JA stated:

    The defendants, having improved common property without lawful authority, and attempted to effect a fraud on the minority, are wrongdoers, and their failure to keep and produce proper accounts of their actual expenditure on the common property has made it difficult to assess the compensation due to the plaintiff. In my judgment the Court should assess the compensation in a robust manner, relying on the presumption against wrongdoers, the onus of proof, and resolving doubtful questions against the party “whose actions have made an accurate determination so problematic”.

  2. In Smith v Smith [2017] NSWSC 408, Lindsay J stated at [448]:

    Where an accounting party fails to keep proper accounts, and thereby renders problematic any exercise of accounting by the Court, the Court generally proceeds on a presumption against that party, resolving doubtful questions against the party whose actions have made an accurate determination problematic…This principle may require moderation in its application to the facts of the particular case in order to serve the interests of justice; but, in a case in which an accounting party has deliberately put it out of the power of an adversary to obtain an accounting to which there is an entitlement, the accounting party cannot complain if the Court presumes the worst against him, her or it.

  3. In Fodare Pty Ltd v Shearn [2011] NSWSC; (2011) 29 ACLC 738 at [27]-[28], Barrett J noted that:

    A cardinal rule binding on a director is that the director’s personal interest must always be subordinated to that of the company and the director must account to the company for any profit or gain obtained or received by reason of the fiduciary position. It follows that, if money of the company comes into a director’s hands or under a director’s control, the director must put it into the company’s possession so that it is can be recognised as the company’s property or, if that has not been done, stand ready and able to explain why the money was not been put into the company’s possession and how and why the application of it in some other way was consistent with its status as an asset of the company.

    The need for records to be kept which enable receipts and payments by a company to be recognised and the reasons why moneys were received or paid by the company to be understood is not only a matter of prudent stewardship but also the product of statutory requirements to which a company is subject: Corporations Act, s 286. A director who fails to take all reasonable steps to comply with, or secure compliance with, those requirements contravenes s 344: see s 344(1). Dishonest contravention is an offence: s 344(2). In a case such as the present, where there is only one director, the need to ensure that adequate records are kept should be regarded as reflected in a duty of a fiduciary kind, akin to that to which a trustee is subject (Spellson v George (1987) 11 NSWLR 300), to ensure that there is available to the company a means of being aware of what its property is and how it has been applied.

  4. Whilst conscious that the burden of proof remains on the Association, in assessing damages I bear these principles in mind. In the end, it may be that Boris:

    … must pay the price for totally inadequate record keeping and failing dismally in leading any acceptable evidence about this aspect of the case.[10]

    [10]KQ International Trading Pty Ltd v Yang [2016] VSC 146 at [115].

Private expenses paid from bank account

  1. I am satisfied that each of the expenses in Schedule A was not a proper Association expense. I make that finding on the basis of:

a)    the affidavit of Ms Aleksandra Tsygamenko sworn 28 February 2017;

b)    the admissions made by Boris under cross-examination that most, if not all, those expenses were private expenses; and

c)    the inherent unlikelihood that expenses of the kind described would properly be the expenses of a childcare business, in conjunction with the lack of any specific and cogent evidence from Boris that such expenses were properly childcare expenses.

  1. The expenses in Schedule A do not include certain items such as iTunes and Foxtel which were conceded by the Association after Boris gave evidence. I have also excluded the following expenses from those claimed by the Association on the basis that their descriptions do not render those expenses inherently unlikely to be a proper expense of a childcare business: 24 March 2015, The Kidsroom Double Bay, $240.00; 24 March 2015, The Kidsroom Double Bay, $135.90; 23 January 2015, Ikea Richmond, $178.98; 17 December 2014, Urban Bicycles Double Pty Ltd, $665.00; 1 April 2015, Bubs Childcare Maroubra, $1,000.00; and 11 November 2013, Treehouse Children’s Deco, $117.85.

  1. During the relevant period, there were also cash withdrawals of $207,074.33 from the Association’s bank account. I have dealt with this separately below.

  1. The expenses in Schedule A total $326,896.01.

  1. I do not accept Boris’ bare assertions in his oral testimony that all private expenses were repaid by him. His description of his repayments shifted during the course of cross-examination. Initially Boris gave evidence that private expenses were repaid by him in cash “straightaway”, the same day, or the next day.[11] Later in the cross-examination it became “a few days after”[12] or “first time I was able”.[13] Still later it was “maybe one week later”.[14] In a context where there is no documentary evidence that any of these expenses were repaid, nor any evidence from a witness other than Boris, this uncertainty does not provide great confidence that any expenses were repaid by Boris.

    [11]T:110:26-27; T:112:19-25; T:118:5-6

    [12]T:151:9-13

    [13]T:154:8-15

    [14]T:162:7-9

  1. Boris’ claim to have repaid all private expenses amounted to no more than an assertion of what he would have done. It was apparent from his responses to questions that he lacked accurate recall of each of the numerous occasions on which he utilised the funds of the Association for private expenses. Thus, for example, he initially gave evidence that he used the Association bank account “a couple of times, a few times” to pay a “few hundred dollars” for skin care treatments for his grandson.[15] The Associations’ bank accounts show that in fact over 30 payments were made for skin care treatments, totalling $14,670.00. When the high number of payments was put to him he said “Yes, he had very bad skin for 16 years’ boy. I don’t know how much, how many times I paid.” On other occasions, he admitted that he used the Association’s card so many times for private expenses that he could not remember specific items or answer questions as to his reasons.[16] It follows that he also cannot have any accurate recall of repaying each of those expenses in cash.

    [15]T:179:7-21

    [16]T:118:20-21; T:176:26-28

  1. His explanations of the reasons for using Association funds to pay these private expenses and his assertions that he repaid those expenses were inherently implausible. The various explanations he gave included:

a)    He didn’t have his own card[17] (but he admitted he had a card on his wife’s account);[18]

[17]T:117:5

[18]T:117:24-26

b)    He was “short with my money”[19] (he provided no coherent explanation of why he was short of money one day but able to repay the money the same day or the next day. Nor did he provide any coherent explanation of why, if that was the case, he did not defer expenditure rather than use money which did not belong to him);[20]

[19]T:151:9-13

[20]See for example, T:118:29-T:119:2

c)    Because his wife had no money or not that much money[21] (how then could it be repaid the same day or the next?);

[21]T:173:2-3

d) He had three daughters, two of whom were not working at the time,[22] and one of whom had a business which was closing down[23] (again, how then could the money be repaid the same day or the next?);

e)    He repaid cash out of wages owed to him (the private expenses paid from the Association bank account between 20 February 2013 and 31 March 2016 totalled $326,896.01. Boris’ evidence was that he received $2,221.00 per fortnight net in wages,[24] which is only $57,746.00 per year or approximately $180,000.00 between 20 February 2013 and 31 March 2016. He further asserted that a significant amount of this salary was unpaid at the date of the liquidation).

f)     He purchased items for others and was provided cash by those others which he used to repay the Association (no evidence was given by any of these other people, which were said to include his daughters and a social club. No coherent explanation was given as to why it was necessary to use Association funds to pay these expenses if these other people were able to reimburse him within a few days).

[22]T:174:16-10; T:177: 20-21

[23]T:181:8-13

[24]T:140:9-10

  1. In any event, even if I had been satisfied that these expenses were repaid in cash, this would only have had the effect of increasing the cash belonging to the Association which was unaccounted for by Boris, which is considered further below.

  1. In the words of Sifris J:[25]

    All of the transactions called for an explanation. The very person able to give the explanation failed miserably at all levels. He did not produce any relevant document, itself a startling feature of the case and in particular a case of this kind. Further, his recollection and oral evidence lacked coherence and credibility.

    [25]KQ International Trading Pty Ltd v Yang [2016] VSC 146 at [132].

  2. I am satisfied on the balance of probabilities that Boris’ failure to account for expenses paid out of the Association’s bank account has caused the Association $326,896.01 in loss.

Service fee payments

  1. It was not contested by Boris that the Association had received $1,609,841.50 in cash payments from parents for service fees[26] in the relevant period, of which only $56,107.00 cash was deposited into the Association’s bank account. However, he contended that all of this cash had been spent on legitimate Association expenses.

    [26]Paragraph 4 of the Affidavit of Boris Trajkov sworn 21 June 2017.

  1. I am satisfied that some of the cash received by the Association was spent on legitimate Association expenses and that this should be reflected in the damages awarded to the Association. Schedule B lists the Association expenses which I have accepted on the balance of probabilities were paid by the Association in cash. In assessing the amount of these expenses, I have adopted a pragmatic and generous approach. I accept, on the evidence before me, that great care was taken to cater to the needs of the children at the Centre and to provide those children with suitable educational resources, entertainment, nourishment and care. This must have lead the Association to incurring considerable expenses, much of which I accept was paid in cash. However, the documentary evidence of those expenses in evidence before me was extremely limited.[27] To some extent, this may be the price Boris has to pay for his own failure to keep proper accounts.[28] Nevertheless, where it seems reasonable to do so, I have allowed expenses on what may be viewed as the scantest of evidence.

    [27]The evidence before me consisted of the Associations’ bank statements, bundles of unsorted invoices, receipts, cheques and other documents which were tendered by Boris at trial and helpfully numbered by the Association and the evidence of Boris, Lily Stojanova and Aleksandra Tsygamenko.

    [28]KQ International Trading Pty Ltd v Yang [2016] VSC 146 at [115].

  1. For example, I have accepted receipts tendered by Boris for large numbers of 5kg bags of ice; for payments without description or dates; for restaurant meals; for takeaway pizza; and for coffee. I have included items which appear to have been paid by card rather than cash on the assumption that they may have been paid using an employee card and reimbursed in cash. I have included items purchased in 2012, on the basis that they may be representative of later expenses, but not items purchased prior to 2012.[29] I have also included some recurring items which Boris asserted in closing submissions were expenses of the Association. Whilst lacking specific evidence, it seems to me that it is reasonable to assume these were likely to be incurred by the Association. In doing so, I have multiplied weekly expenses by 163 (being the number of weeks between 20 February 2013 and 31 March 2016, rounded up), monthly expenses by 38 and annual expenses by 3. Where I have included a figure for a recurring expense, I have excluded the individual items which fall within that description, so as to avoid double counting.

    [29]Eg: Doc 291-299

  1. However, I have not accepted Boris’ bare assertion that all the cash received by the Association was spent on legitimate Association expenses. Boris proved himself willing to spend funds from the Association’s bank account on private expenses on hundreds of occasions, according to his own testimony without hesitation, or any understanding that this might be inappropriate. It is inherently improbable that he would nevertheless maintain strict boundaries between private expenses and childcare expenses with respect to the Association’s cash funds. This is supported by a review of the bundle of receipts that Boris tendered at trial, as evidence of the payment of Association expenses in cash. Schedule C lists expenses which were included in the bundle of receipts tendered by Boris at trial but which, as a result of the nature of the expense, plainly called for an explanation. I am not prepared to allow these expenses in the absence of specific evidence explaining how that expense related to child care. Included in Schedule C are receipts for beer, cigarettes, vodka cruisers, handbags, European wine, prescription medication, owner’s corporation fees for a premises in Brunswick, Red Bull energy drinks, flights and car hire.

  1. The single biggest item allowed in Schedule B is cash payments for dishonoured cheques. Boris tendered in Court a large bundle of cheques which he said had been exchanged for cash when those cheques were dishonoured. The evidence at trial of two former employees, Lily Stojanova and Aleksandra Tsygamenko, confirmed that this was the procedure adopted, at least with respect to cheques for wages.

  1. In view particularly of the corroborating evidence of Mrs Stojanova and Ms Tsygamenko, I accept Boris’ evidence that the cheques tendered by him were examples of the cheques exchanged for cash. I also accept that it is likely that any creditor with a dishonoured cheque would have demanded payment in cash from the Association. Schedule D is a list of all cheques which are either recorded as reversed in the bank statements of the Association, or were tendered by Boris as cheques which were exchanged for cash (or both). The total of these cheques is $563,763.05. I have allowed this amount as cash paid to replace cheques issued by the Association.

  1. The Association produced a schedule conceding that $237,214.00 in wage cheques had been dishonoured and exchanged for cash. This schedule was prepared on the basis of two assumptions: 1) that wage cheques were issued in regular batches and cheques not contained within those batches were not subsequently exchanged for cash; and 2) that all cheques which were dishonoured were recorded as reversals in the bank statements of the Association. However, there is no evidence that either assumption made by the Association in preparing its schedule is reasonable in the circumstances. This manner of identifying the dishonoured cheques exchanged for cash was not put to Boris during cross-examination. I do not accept the Association’s method of calculating the amount of cheques exchanged for cash, preferring the method adopted in Schedule D.

  1. The total of accepted expenses in Schedule B is $1,136,700.63. Accordingly, the Association has suffered $473,140.87 (being $1,609,841.50 less $1,136,700.63) as a result of the failure to account for cash payments from parents for service fees.

Cash withdrawn from bank account

  1. I am satisfied on the balance of probabilities on the basis of the bank accounts filed in evidence and the deemed admissions of the matters pleaded in the Statement of Claim that $207,074.33 of cash was withdrawn from the Associations’ bank account by Boris. That money is wholly unaccounted for. I have already taken into account the accepted cash expenses of the Association under the heading of Service fee payments. Accordingly, I am satisfied on the balance of probabilities that Boris’ failure to account for cash withdrawn from the Association’s bank account has caused the Association $207,074.33 in loss.

Loan funds transferred to Boris’ wife

  1. I am satisfied on the basis of the deemed admissions in paragraph 13 of the Statement of Claim and Boris’ own evidence[30] that he arranged for $192,690.00 which had been loaned to the Association to be transferred into the bank account of Boris’ wife. That money is wholly unaccounted for. I have already taken into account the accepted cash expenses of the Association under the heading of Service fee payments. Accordingly, I am satisfied on the balance of probabilities that Boris’ failure to account for cash withdrawn from the Association’s bank account has caused the Association $192,690.00 in loss.

    [30]T:123-126

Loan pleaded in paragraph 777

  1. The loan pleaded in paragraph 15 of the Statement of Claim is effectively an alternative claim in debt to the claim for damages/compensation for breach of duty. I have not added any additional damages for this claim to the total figure payable by Boris.

Total damages assessed

  1. I have assessed the damages payable by Boris to the Association as follows:

Head of damage Amount
Private expenses paid from Association bank account (para 12 of Statement of Claim) $326,896.01
Cash withdrawn from Association bank account (para 12 of Statement of Claim) $207,074.33
Service fee payments received in cash from parents (para 11 of Statement of Claim) $473,140.87
Money transferred to wife (para 13 of Statement of Claim) $192,690.00
TOTAL DAMAGES PAYABLE $1,199,801.21
  1. Judgment is given for the Association that Boris pay the Plaintiff damages of $1,199,801.21, plus the costs of the proceeding on a standard basis to be taxed in default of agreement.

I certify that these 15 pages are a true copy of the reasons for decision of Judicial Registrar Tran delivered on 9 October 2017.

Dated: 9 October 2017

Shannon Finegan

Associate to Judicial Registrar Tran

Schedule A: Private Expenses Paid From ANZ Business Advantage Account Transaction

Nature of Expense Totals
Alcohol Expense  $                44,890.84
Accomodation Expense  $                17,616.04
Restuarant Expenses  $                10,003.96
Entertainment Expense  $                   9,724.99
Vehicle Expenses  $                   3,039.10
Flight & Travel Expenses  $                30,571.32
Fashion & Jewellery Expenses  $              152,594.96
Miscellaneous Expenses  $                58,454.80
Total Expenses $326,896.01                

Schedule B - Permitted Expenses

Part A: Individual items
Date Description Amount Doc no Reason
1/06/15 Playground $3,250.00 37 Although no receipt is provided for full amount, I am prepared to assume full amount paid.
unknown Playground $10,000.00 T:54:2-19 Tysgamenko evidence
unknown Computer $3,000.00 T:53:5-15, T:146:17-18 Oral evidence that computer purchased for "few thousand dollars"
22/05/15 Paid Bejana $75 $75.00 57
12/06/15 Michaels Deli grocery item $30.00 58
10/07/15 Woolworths batteries $22.25 58
19/01/15 Bargain depot vinyl gloves $49.50 59
28/04/15 Pizza $40.00 59 No evidence given to explain how this related to child care but allowed as accepted by Plaintiff
3/06/15 Adidas Factory Outlet clothes and shoes $242.00 59 No evidence given to explain how this related to child care but allowed as accepted by Plaintiff
16/03/15 Target Kettle $35.00 61
24/04/15 Bargain depot vinyl gloves $135.00 62
1/06/15 Coles unleaded petrol $69.27 62
17/04/15 Coles unleaded petrol $71.24 63
24/04/14 Northern Fire Equipment Service $125.00 64 Note that for service in Oct 2013 and April 2014
11/06/14 Signage accessories supplies $2,800.00 66
20/06/15 Egg and honey store $17.00 69
11/07/14 Macquarie payments $2,200.00 71
30/03/12 Woolworths dishwashing liquid $12.95 75
29.03.12 Aldi water and paper towels $88.85 75
30/03/12 Coffee ? $50.00 77 No evidence given to explain how this related to child care but allowed as accepted by Plaintiff
29/03/12 Woolworths Liquor ice $29.95 78
17/03/12 Woolworths fitted sheet $31.98 79
26/03/12 Bunnings storage box $5.95 79
unknown Ufouk stall preston market $61.00 80
23/03/12 Cheaper party supplies catering, containers, toilet paper $25.00 80
3/04/12 Glenroy Multi Services $30.00 81
unknown unknown $20.00 81
22/03/12 Woolworths Liquor ice $27.92 82
unknown unknown $32.50 82
5/04/12 Woolworths Liquor ice $6.98 83
1/03/12 Woolworths Liquor ice $3.98 85
5/04/12 Reject Shop Easter Eggs $38.50 87
5/04/12 Dan Murphy's ice $22.50 88
29/03/12 McDonalds $22.95 88
28/03/12 Bunnings  $601.30 89
16/04/12 Paint the centre $2,400.00 90
19/04/12 Jovan $40.00 90
27/03/12 Unclear $90.00 90
3/04/12 Harvey Norman photos $100.00 90
unknown Aldi Easter Eggs $35.10 93
3/04/12 Harvey Norman photos $10.35 94
unknown Harvey Norman photos $23.76 94
21/02/12 Reject Shop Jelly Beans $40.00 95
unknown Alasya Turkish Restaurant $80.00 95
unknown Coffee $9.50 95
13/03/12 Receipt for cash payment $800.00 96
unknown Harvey Norman photos $72.45 97
2/05/12 Harvey Norman photos $28.90 97 Amount unclear
26/04/12 Woolworths Liquor ice $27.92 97
unknown Placido's Coffee House $5.00 98
21/02/12 The D'Souzas Indian and Sri Lankan Groceries $9.80 98
unknown unclear $130.00 98
20/03/12 Jovan $20.00 99
2/05/12 Big W photos $58.30 100
2/05/12 Photolab $50.12 100
26/04/12 The Little Bargain Shop $10.50 101
26/04/12 Cheaper Party supplies  $4.50 101
2/05/12 Foil wrap and cling wrap $39.00 102
30/04/12 Dong Thinh International Food Store $23.15 102
1/03/12 Bargain Busters $2.00 102
4/05/12 Phillip's Athina's Deli $61.30 103
1/04/12 Preston Shop $5.50 103
2/05/12 The D'Souzas Indian and Sri Lankan Groceries $37.00 103
unknown unknown $4.00 103
9/05/12 $2 Mart $9.00 103
2/05/12 The reject shop pencils $8.00 104
29/03/12 Target $149.00 105
30/04/12 Dong Thinh International Food Store $35.06 106
2/05/12 Toyworld $10.00 106
unknown handwritten annotation $158.00 106
17/03/12 Woolworths bedlinen and towels $180.25 106
13/04/12 Woolworths cleaning products $58.03 108
unknown Restaurant meal $75.00 113
5/10/15 RACV call out $179.00 114
unknown The Espresso $23.10 115
29/08/15 Hoyts Corporation $20.00 115
2/09/15 Tre Espresso $30.00 115
26/03/15 Donnellan's The Tyreman $245.00 116
10/08/14 Target books $20.00 117
13/08/14 Bargain Depot vinyl gloves $94.50 117
28/11/14 Officeworks stationary $211.55 118
5/12/15 Hanna Wholesale Confectionary mixed sweets $22.30 119 I have not allowed red bull or V energy drinks
22/09/15 Coles popcorn $5.00 120
19/01/16 Officeworks stationary $65.07 122
31/12/15 Tai Lan Bakery Drinks $11.60 124
30/12/15 Centreway Electrical $2.00 124
30/12/15 Aegean Deli $17.30 124
6/10/15 Parking ticket $3.10 125
6/10/15 BP Petrol $72.90 125
15/12/15 Healthy Life Super Cranberries $7.95 127
unknown unknown $120.00 127
2/09/15 Epping Car Wash $200.00 130
28/01/15 Woolworths cleaning spray and eucalyptus oil $18.40 131
24/04/15 Tan Hung Grocery $2.10 133
14/03/15 Tan Hung Grocery $90.00 133
25/07/15 Restaurant Meal $250.00 133 Exact total unclear
2/04/15 Reject shop $69.00 134
unknown Lincraft $40.00 134
18/05/15 Bunnings $33.55 135
21/05/15 Australia Post $6.40 136
26/06/15 Eureka Petrol $69.64 136
21/05/15 Coles mini blocks $6.00 137
8/06/15 Unknown $28.00 137
unknown For Bohvia $50.00 138
unknown To Mina for Coffee and Tea $30.00 138
18/12/14 Amway Business Centre $57.96 138
4/06/15 Officeworks Kodak Prints $42.84 139
26/06/15 Coles cleaning products $17.60 145
26/06/15 Bunnings cleaning products and extension cord $21.95 145
26/06/15 Godfreys $36.00 146
26/06/15 Godfreys $60.00 146
8/05/15 Tan Hung Grocery $9.35 148
8/05/15 Tan Hung Grocery $1.15 148
24/04/15 Aldi $15.60 148
8/05/15 Tan Hung Grocery $4.80 148
15/05/15 Tan Hung Grocery $9.45 151
Unknown Wash & Iron $55.00 153
Unknown Wash & Iron $70.50 154
19/06/15 Wash & Iron $22.50 157
22/05/15 Unknown $8.00 159
2/05/15 Wash & Iron $18.00 160
1/05/15 Tan Hung Grocery $9.85 160
22/05/15 Tan Hung Grocery $22.80 161
22/05/15 Tan Hung Grocery $7.10 161
8/07/14 Junior Bees $100.00 162
8/07/15 Junior Bees $10.00 162
30/05/14 DEECD Annual Service Fee $381.00 163
2/04/14 Northern Fire Exquipment Service $125.40 164
21/08/15 Aegean Deli $8.90 166
24/08/15 Goat Soap $5.00 166
21/12/15 Cash deposit to 3rd party $200.00 167
22/01/16 Deluxe Wash $10.95 171
unknown unknown $3.90 171
18/09/15 Tan Hung Grocery $3.05 172
12/08/15 Wash and iron 19 red table cloths $28.50 172
15/03/12 Aldi bottled water $79.90 173
28/03/14 Coles petrol $50.00 175
1/05/14 Meal and drinks $38.00 175
unknown photolab $21.60 176
16/08/15 Pier 35 Hotel incl $35 tip $420.00 178
16/08/15 Bittola Social Club $30.50 178
19/03/12 Popcorn Maker $98.00 181
19/04/12 Leffler Upholstery $387.10 182
6/06/13 Gigabit Computers $30.00 184
Unknown BigW $95.90 185
30/06/13 Target $69.60 192
27/06/13 Target $106.00 192
23/07/13 Telstra bill $77.16 194
23/07/13 Telstra bill for mobile phone $34.98 195
23/08/13 Telstra bill for mobile phone $34.98 196
23/09/13 Telstra bill for mobile phone $34.99 197
14/10/13 Rexel Electrical Supplies $30.03 199
16/10/13 Rexel Electrical Supplies $31.00 200
17/10/13 Bunnings security sensor and globe $33.96 201
16/10/13 Bunnings security light and globes $48.60 201
23/11/13 Telstra bill for mobile phone $34.99 202
23/12/13 Telstra bill for mobile phone $34.99 203
16/01/14 Bellbird Enrolment Forms $31.35 205
23/01/14 Telstra bill for mobile phone $35.38 206
23/03/14 Telstra bill for mobile phone $45.77 209
23/04/14 Telstra bill for mobile phone $35.88 210
23/05/14 Telstra bill for mobile phone $35.39 212
23/06/14 Telstra bill for mobile phone $35.38 213
23/07/14 Telstra bill for mobile phone $35.38 214
6/08/14 Parking fine $66.00 215
13/08/14 City of Whittlesea $979.14 215
23/08/14 Telstra bill for mobile phone $35.38 216
7/08/14 Caltex Star Card Dishonour Advice $1,882.54 216
23/09/14 Telstra bill for mobile phone $35.38 217
23/12/14 Telstra bill for mobile phone $34.99 219
29/01/15 Godfreys $29.90 220
23/02/15 Telstra bill for mobile phone $35.39 221
23/03/15 Telstra bill for mobile phone $35.38 222
23/05/15 Telstra bill for mobile phone $35.38 223
31/12/15 Party Ice 5 kg bags $18.60 224
27/11/12 Australian Food Hygiene Services $330.00 267
23/12/15 Car wash and petrol $95.37 281
21/08/15 Caltex Petrol $38.82 290
19/04/12 Leffler Upholstery $290.82 300
16/10/13 Middendorp Infrascan PIR Sensor $560.00 305
18/01/14 Copyrepair $440.00 309
16/07/14 Macquarie payments $1,021.35 320
25/06/14 Insurance Vision premiums $980.00 318
31/12/15 Milemaker Melton Petrol $80.00 323
Total individual expenses $40,685.92
Part B: Recurrent items
Bread $12,225.00 38-54, 67, 77, 80, 84,  111, 112, 151, 169, 178, 182, 211, 219, 220, 300, 314, 332 Receipts are provided for April -Aug 2014 showing weekly expenses of between $61.75 and $82.50. I have allowed $75 per week
Milk $4,890.00 55, 68, 79, 86, 123, 153 Largest purchase was ten 3 litre bottles at $3 each. I have allowed $30 per week
Fruit and Vegetables $16,300.00 55, 57, 75, 60, 76, 77, 82, 86, 99, 107, 114, 120, 121, 122, 123, 128, 130, 131, 132, 136, 139, 140, 141, 143, 144, 151, 158, 159, 160, 167, 169, 170, 174, 99.49, 279, 286, 338 Range of receipts provided, generally no more than $100 per receipt. I have allowed $100 per week in addition to general groceries
General groceries $97,800.00 68, 70, 73, 74, 76, 78, 79, 81, 82, 86, 87, 99, 101, 102, 104, 107, 108, 118, 135, 141, 142, 143, 144, 147, 150, 151, 152, 154, 158, 159, 161, 269, 280 - 306.74, 282, 287 Range of receipts provided, generally no more than $100 per receipt. Woolworths account statement shows in 1 month  $2034.29 was spent. It is likely some of this was paid from the bank account. I have allowed $600 per week, inclusive of all supermarket expenditure.
Hygiene $3,800.00 Boris claimed $40,000 in hygiene expenses. In the absence of any documentary evidence I have allowed $100 per month over and above what is allowed for general groceries.
Meat $32,600.00 68, 78, 85, 101, 149, 158, 168 Small number of receipts provided ranging from $2.65 to $246.90. I have allowed $200 per week in addition to general groceries
Ground maintenance $2,365.50 109, 179, 180, 183, 185, 186, 187, 188, 189, 190, 191, 193, 198, 207, 268, 274, 304, 311 Large number of HiCity statements and receipts for $62.25 per month. I have allowed $62.25 per month.
Waste removal $8,664.00 181, 208, 313, 319, 306, 305 Some individual items plus additional bin service up to $456.67 for 2 months. I have allowed $228 per month.
Utilities (Gas, Electricity, Water) $5,985.00 65, 316, 275, 276, 277, 270, 271, 273, 204 Boris claimed $20,000 for each of gas and electricity and $12000 for water. Based on the charges in the invoices tendered  $150/ 2 months for gas; $180/3 months for electricity and $540/ 3months for water are reasonable for utilities. However as many of these invoices appear to have been paid from the Association bank account until March 2015, I have discounted this figure by 50% to give a figure of $157.50 per month.
Workcover $28,000.00 Boris claimed an amount of $40,000 but produced no evidence to support this figure. In his oral evidence he said he paid $10,000 in cash to CGU - T:146:23-24. Later he said that the Association owed $30-40,000 to CGU - T:129:21-22. The Association was wound up on the application of the Victorian Workcover Association in relation to a debt of approximately $14,000. Despite the dearth of evidence, I am prepared to accept in the circumstances that the annual premium must have been at least $14,000 and so have allowed $14,000 for 2 years (as the failure to pay the final amount lead to the liquidation of the Association)
Council Rates $18,000.00 Boris claimed an amount of $6000 per year but produced no evidence to support this figure. On 8 January 2015 there was a payment to the City of Whittlesea of $650 from the Association's bank account. Receipt no. 215 is a receipt for a payment to the City of Whittlesea for the amount of $979.14. I have no other evidence on wish to base an assessment of the rates paid in cash. Nevertheless, adopting a very generous approach and on the basis that $6000 does not seem patently unreasonable, I have allowed the $6,000 claimed.
Insurance $15,831.51 Boris claimed an amount of $10,000 but produced no evidence to support this figure. In the Association's bank statements I have located the following insurance expenses: 4 April 2013, Premium Funding 49914 Insure $552.08; 3 May 2013, Premium Funding Insure, $552.08; 3 June 2013, Premium Funding 44914 Insure, $552.08; 4 July 2013, Allianz Insure C6 Sydney, $2250; 26 September 2013, Allianz Insure C6 Sydney, $278.35 and $283.90, 27 June 2014, Insurance Vision Aust, $980.  On the basis of these amounts, I have assumed a monthly premium of $560 but deducted the amounts known to be paid from the Association's bank account of $5448.49.
Cash wages $100,000.00 Lily gave evidence that some employees were paid in cash, the cleaner and the cook: T:68:7-8, however no evidence was provided as to the amount of these payments. I have allowed $100,000.
Estimated interest repayments on loan $129,683.65 Conceded by Association
Dishonoured cheques paid in cash $563,763.05 Bank statements and tendered cheques See schedule D
Cash deposited into Association bank account $56,107.00 Bank statements Conceded by Association
Total recurring expenses $1,096,014.71
Total individual items and recurring expenses $1,136,700.63
Total unaccounted cash: $473,140.87

Schedule C - Individual expenses claimed at trial but not allowed

7/07/15 Windsor Smith Kinky Black Shoes and shoe polish $128.00 58
2/06/15 Car rental $124.69 61
2/06/15 Qantas Flight Syd Melb $242.00 63
29/03/12 Dan Murphy's beer $408.55 76
28/03/12 Woolworths cigarettes and vodafone $88.06 77
5/04/12 Dan Murphy's beer $327.45 84
7/04/12 All from Europe wine $531.00 85
28/10/13 Vodafone $79.00 85
5/04/12 Dan Murphy's Vodka Cruisers $129.98 88
unknown Drinks receipt (incl Tequila, Corona and $50 tip) $196.00 89
unknown Drinks receipt  $50.00 92
27/03/12 Dan Murphy's Melbourne Bitter and Crown Lager Stubbies $251.78 94
24/04/12 Prescription Amoxycillin $9.75 96
17/04/12 Prescription Cialis $139.95 96
26/04/12 Dan Murphy's Malibu, Heinekin Lager, Victoria Bitter, Cascade, Corona Extra, Jim Beam $407.60 97
15/07/14 Fitzroys Estate Agents - Owner's Corporation fees $2,200.00 72 Relates to Shop 17, Hardwick Building, Brunswick. No evidence given to explain how this related to child care
12/09/12 Priceline C/S Rapid Van 840g $34.99 56
19/03/12 Two handbags from G Bags $209.00 100
24/05/12 Energy Drinks 4 pack x 25 $200.00 105
29/03/12 Red Bull Energy Drinks $666.00 110
28/05/15 V Energy Drinks  $126.00 125
unknown Chemist Warehouse products $126.00 126
1/01/16 Rydges on Swanston $178.00 129
9/12/15 Meal in Double Bay, NSW $164.50 129
23/05/15 Dan Murphy's misc alcoholic drinks $820.65 155
15/05/15 BWS Cognac, Brandy and Ice $103.00 156
29/03/12 Dan Murphy's misc alcoholic drinks $737.45 165
unknown Dan Murphy's misc alcoholic drinks $1,063.45 165
25/09/13 Energy Australia Electricity for Europe Restaurant, Shop 17, 459 Sydney Road, Brunswick $297.71 272
15/10/14 Energy Australia Gas for Europe Restaurant, Lot 3, 385 High St, Preston $191.20 278
7/07/15 Clothing from Guess DFO $146.95 279
unknown Savoy Double Bay Hotel $600.00 283
21/08/15 Stevens Cellars $1,210.00 284
26/08/15 Caltex Petrol $66.76 285
31/08/15 Café Notturno $500.00 288 Paid credit card
21/12/13 Dan Murphy's misc alcoholic drinks $1,461.50 289 Paid Visa Debit
23/06/12 Patterson Locksmiths re 2/317 George St Doncaster East $137.50 303
23/01/15 Parking fine in Double Bay NSW $104.00 321
8/07/14 Fitzroys Estate Agents - Owner's Corporation fees $1,091.37 317 Relates to Shop 17, Hardwick Building, Brunswick. No evidence given to explain how this related to child care
13/03/14 Door Locks on BMW 320i 370
17/03/14 Repairs to BMW 320i 371
unknown Café Notturno $113.80 372
23/08/15 The Melbourne Supper Club $55.99 373
6/09/15 Braun Shaver $84.00 374

Schedule D - Trajkov spreadsheet - reversed cheques

# Date Cheque Number Amount $ Doc #
1 13-October-2010 003146 $138.00 366
2 18-May-2011 003660 $223.00 365
3 07-October-2011 004013 $95.90 365
4 13-October-2011 004019 $95.00 366
5 25-July-2012 004703 $90.00 365
6 05-August-2012 004821 $200.00 367
7 05-August-2012 004823 $263.00 367
8 11-February-2013 005220 $772.00 36
9 12-February-2013 005232 $782.00 381
10 15-February-2013 005191 $793.00 383
11 08-March-2013 005207 $126.50 382
12 23-April-2013 001119 $176.00 19
13 23-April-2013 001133 $848.00 30
14 23-April-2013 001134 $1,100.00 30
15 23-April-2013 001147 $938.00 20
16 23-April-2013 001149 $1,338.00
17 17-May-2013 001192 $70.00 386
18 17-May-2013 001195 $2,100.00 386
19 17-May-2013 001196 $1,417.00 386
20 17-May-2013 001204 $1,100.00 27, 366 and 386
21 17-May-2013 001215 $806.00 23 and 386
22 17-May-2013 001217 $225.00 386
23 17-May-2013 001194 $445.65 386
24 17-May-2013 001209 $540.00 386
25 20-May-2013 001182 $90.00 26 and 385
26 20-May-2013 001201 $1,031.00 385
27 20-May-2013 001211 $1,043.00 29, 32 and 385
28 20-May-2013 001212 $1,123.00 385
29 20-May-2013 001218 $535.00 24 and 385
30 04-June-2013 001042 $1,884.00 389
31 04-June-2013 001054 $982.00 389
32 04-June-2013 001155 $2,221.00 389
33 04-June-2013 001207 $848.00 25 and 389
34 04-June-2013 001253 $848.00 25 and 389
35 04-June-2013 001270 $315.00 388
36 04-June-2013 001151 $320.00 388
37 04-June-2013 001264 $509.00 388
38 04-June-2013 001269 $644.00 389
39 02-July-2013 001134 $1,100.00
40 02-July-2013 001150 $1,183.00
41 02-July-2013 001160 $1,338.00
42 02-July-2013 001162 $1,100.00
43 02-July-2013 001200 $550.00
44 10-July-2013 001377 $550.00 362
45 30-July-2013 001407 $490.00 31
46 07-August-2013 001428 $1,884.00 362
47 10-October-2013 001558 $599.00 359
48 11-October-2013 001564 $350.00 360
49 16-October-2013 001568 $1,100.00 353
50 01-November-2013 001617 $600.00 353
51 13-November-2013 001624 $1,100.00 353
52 28-November-2013 001668 $390.00 359
53 28-November-2013 001662 $550.00 361
54 11-December-2013 001699 $488.00 361
55 17-December-2013 001340 $993.00
56 17-December-2013 001357 $1,038.00
57 17-December-2013 001397 $2,221.00
58 17-December-2013 001399 $1,884.00
59 17-December-2013 001700 $1,056.00
60 20-December-2013 $525.00 360
61 02-January-2014 001696 $255.00
62 02-January-2014 001744 $1,098.00
63 02-January-2014 001746 $240.00
64 07-January-2014 001713 $1,200.00
65 07-January-2014 001716 $1,696.00
66 07-January-2014 001721 $1,406.00
67 07-January-2014 001724 $1,472.00
68 07-January-2014 001728 $1,231.00
69 07-January-2014 001752 $1,948.00
70 14-January-2014 001424 $2,221.00
71 14-January-2014 001419 $848.00 389
72 14-January-2014 001736 $1,000.00 389
73 14-January-2014 001406 $1,044.00 389
74 14-January-2014 001434 $954.00 389
75 14-January-2014 001729 $1,231.00 389
76 14-January-2014 001714 $1,384.00 389
77 17-January-2014 001778 $491.00 359
78 29-January-2014 001424 $2,221.00 389
79 31-January-2014 001795 $883.00 357
80 03-February-2014 001796 $915.00
81 04-February-2014 001792 $1,188.00 390
82 04-February-2014 001797 $1,188.00 390
83 18-February-2014 001759 $1,284.00
84 18-February-2014 001782 $442.00
85 18-February-2014 001806 $1,427.00
86 18-February-2014 001811 $1,002.00
87 18-February-2014 001815 $928.00
88 18-February-2014 001818 $1,117.00
89 18-February-2014 001824 $593.00
90 18-February-2014 001825 $859.00
91 18-February-2014 001826 $1,019.00 364
92 19-February-2014 001805 $1,112.00 364
93 19-February-2014 001809 $1,122.00
94 19-February-2014 001817 $1,175.00
95 19-February-2014 001820 $514.00
96 21-February-2014 001833 $859.00 366
97 25-February-2014 001842 $200.00 348
98 28-February-2014 001860 $1,044.00 358
99 03-March-2014 001844 $913.00 358
100 03-March-2014 $500.00 358
101 03-March-2014 001858 $1,884.00 360
102 05-March-2014 001845 $1,122.00 392 and 363
103 05-March-2014 001846 $1,388.00 392
104 05-March-2014 001853 $992.00 392
105 05-March-2014 001865 $1,056.00 392 and 363
106 05-March-2014 001863 $483.00 392
107 07-March-2014 001869 $1,388.00 360
108 13-March-2014 001518 $962.00 393
109 13-March-2014 001542 $500.00 393
110 13-March-2014 001576 $1,884.00 393
111 13-March-2014 001871 $1,056.00 393 and 363
112 13-March-2014 001872 $992.00 393
113 19-March-2014 $848.00 356
114 19-March-2014 001874 $1,056.00 357
115 19-March-2014 001882 $1,100.00 357
116 19-March-2014 $992.00 357
117 19-March-2014 001886 $1,064.00 358
118 21-March-2014 001802 $477.00 365
119 21-March-2014 001878 $854.00 394
120 21-March-2014 001884 $1,056.00 364
121 24-March-2014 001888 $702.00 28 and 364
123 27-March-2014 001900 $854.00 355
124 01-April-2014 001899 $1,884.00 355
125 01-April-2014 001911 $848.00 351
126 01-April-2014 001906 $200.00 356
127 01-April-2014 001913 $400.00 356
128 01-April-2014 001895 $600.00 356
129 01-April-2014 $800.00 355
130 01-April-2014 $477.00 354
131 01-April-2014 001912 $1,100.00 354
132 02-April-2014 001902 $1,176.00 17
133 02-April-2014 001904 $800.00 17
134 02-April-2014 001905 $318.00 17
135 02-April-2014 001907 $872.00 17
136 02-April-2014 001908 $856.00 17
137 02-April-2014 001909 $492.00 17
138 02-April-2014 001910 $1,104.00 17
139 02-April-2014 001914 $760.00 17
140 08-April-2014 001923 $1,104.00 354
141 14-April-2014 001934 $750.00
142 15-April-2014 001945 $300.00 354
143 15-April-2014 001941 $848.00 351
144 15-April-2014 $1,100.00 353
145 17-April-2014 001920 $1,196.00
146 17-April-2014 001929 $1,176.00
147 17-April-2014 001930 $1,291.00
148 17-April-2014 001935 $1,083.00
149 17-April-2014 001936 $1,122.00
150 17-April-2014 001937 $1,056.00
151 17-April-2014 001938 $255.00
152 17-April-2014 001939 $1,067.00
153 17-April-2014 001943 $1,245.00
154 23-April-2014 001918 $1,410.00
155 23-April-2014 001946 $942.00 363
156 24-April-2014 $600.00 352
157 29-April-2014 001893 $2,221.00 391
158 30-April-2014 001963 $1,100.00 352
159 07-May-2014 001966 $906.00 352
160 09-May-2014 001970 $1,440.00 352
161 14-May-2014 001972 $848.00 350
162 16-May-2014 001979 $1,046.00
163 21-May-2014 001986 $600.00 351
164 28-May-2014 $848.00 349
165 28-May-2014 001665 $1,106.00 349
166 28-May-2014 001996 $1,099.00 350
167 28-May-2014 002003 $600.00 350
168 02-June-2014 001987 $1,250.00
169 02-June-2014 002000 $992.00
170 11-June-2014 002015 $600.00 349
171 11-June-2014 002011 $848.00 362
172 13-June-2014 001821 $337.00
173 13-June-2014 002016 $1,090.00
174 20-June-2014 002021 $1,252.00
175 24-June-2014 002028 $1,126.00 34
176 24-June-2014 002046 $616.00 34
178 25-June-2014 002038 $600.00 349
179 30-June-2014 002041 $913.00
180 02-July-2014 002040 $896.00
181 10-July-2014 002070 $1,048.00 33
182 10-July-2014 002069 $1,061.00 33
183 10-July-2014 001549 $1,064.00 33
184 10-July-2014 001645 $1,650.00 33
185 10-July-2014 001808 $848.00 419
186 10-July-2014 002048 $1,252.00 33
187 10-July-2014 002049 $1,104.00 33
188 10-July-2014 002051 $1,122.00 33
189 10-July-2014 002053 $1,262.00
190 10-July-2014 002056 $1,122.00 33
191 10-July-2014 002062 $781.00 419
192 10-July-2014 002063 $1,067.00 21 and 33
193 10-July-2014 002065 $247.00 419
194 10-July-2014 002058 $802.00 419
195 10-July-2014 001849 $848.00 419
196 10-July-2014 002060 $860.00 419
197 10-July-2014 002050 $913.00 419
198 10-July-2014 002061 $932.00 419
199 23-July-2014 $200.00 348
200 28-July-2014 002078 $1,139.00
201 28-July-2014 002083 $863.00
202 29-July-2014 002086 $1,067.00
203 13-August-2014 002113 $370.00 348
204 18-August-2014 002104 $1,067.00
205 21-August-2014 002120 $1,122.00
206 21-August-2014 002126 $992.00
207 21-August-2014 002135 $1,113.00
208 02-September-2014 002145 $1,122.00
209 04-September-2014 002140 $2,350.00
210 04-September-2014 002149 $477.00
211 05-September-2014 001816 $1,884.00
212 05-September-2014 002158 $992.00
213 05-September-2014 002160 $1,011.00
214 19-September-2014 002166 $490.00 22
215 02-October-2014 002204 $450.00
216 03-October-2014 002207 $525.00
217 03-October-2014 002210 $1,067.00
218 06-October-2014 002198 $496.00
219 17-October-2014 002237 $264.00
220 11-November-2014 002289 $1,061.00
221 12-December-2014 002331 $992.00
222 12-December-2014 002339 $128.00
223 12-December-2014 002340 $1,241.00
224 12-December-2014 002341 $1,070.00
225 18-December-2014 002343 $992.00
226 29-December-2014 002346 $1,400.00
227 29-December-2014 002352 $903.00
228 29-December-2014 002357 $1,884.00
229 29-December-2014 002358 $1,163.00
230 29-December-2014 002360 $1,220.00
231 29-December-2014 002364 $746.00
232 29-December-2014 002367 $1,052.00
233 30-December-2014 002350 $1,100.00
234 02-January-2015 002388 $600.00
235 15-January-2015 002377 $886.00 402
236 15-January-2015 002380 $1,000.00 402
237 15-January-2015 002382 $1,014.00 402
238 15-January-2015 002394 $864.00 402
239 15-January-2015 002397 $1,120.00 402
240 15-January-2015 002402 $1,331.00 402
241 15-January-2015 002408 $804.00 402
242 15-January-2015 002349 $848.00 402
243 15-January-2015 002410 $1,189.00 402
244 15-January-2015 002413 $848.00 402
245 15-January-2015 002414 $1,100.00 402
246 15-January-2015 002419 $1,220.00 402
247 15-January-2015 002421 $903.00 402
248 15-January-2015 002373 $2,221.00 402
249 16-January-2015 002383 $1,147.00
250 22-January-2015 002370 $1,502.00 397 and 401
251 22-January-2015 002398 $1,120.00 397 and 401
252 22-January-2015 002411 $800.00 397 and 401
253 22-January-2015 002403 $802.00 401
254 22-January-2015 002423 $746.00 397 and 401
255 22-January-2015 002430 $1,189.00 401
256 22-January-2015 002429 $886.00 401
257 22-January-2015 002424 $1,228.00 401
258 22-January-2015 002378 $900.00 401
259 22-January-2015 002399 $1,264.00 401
260 22-January-2015 002395 $900.00 401
261 22-January-2015 002426 $1,043.00 401
262 22-January-2015 002381 $1,059.00 401
263 22-January-2015 002433 $1,070.00 401
264 22-January-2015 002428 $1,414.00 397 and 401
265 23-January-2015 002441 $1,100.00 397
266 30-January-2015 002434 $1,052.00 400
267 30-January-2015 002435 $856.00 400
268 30-January-2015 002440 $864.00 400
269 30-January-2015 002443 $1,000.00 400
270 30-January-2015 002374 $1,884.00 400
271 05-February-2015 002444 $1,220.00
272 05-February-2015 002452 $1,240.00
273 05-February-2015 002461 $1,225.00
274 06-February-2015 002457 $1,414.00
275 06-February-2015 002462 $695.00
276 06-February-2015 002465 $1,168.00
277 09-February-2015 002448 $903.00
278 09-February-2015 002449 $804.00
279 12-February-2015 002472 $746.00 368
280 12-February-2015 002363 $250.00 368
281 12-February-2015 002458 $1,271.00 368
282 12-February-2015 002473 $1,052.00 368
283 19-February-2015 002477 $1,225.00 398 and 399
284 19-February-2015 002481 $574.00 398 and 399
285 19-February-2015 002495 $831.00 398
286 19-February-2015 002482 $1,122.00 398 and 399
287 19-February-2015 002483 $1,276.00 398 and 399
288 19-February-2015 002484 $345.00 398 and 399
289 19-February-2015 002486 $564.00 398 and 399
290 19-February-2015 002487 $1,300.00 398 and 399
291 19-February-2015 002496 $1,414.00 398 and 399
292 20-February-2015 002474 $1,052.00 399
293 23-February-2015 002489 $963.00 396
294 26-February-2015 002491 $1,048.00
295 26-February-2015 002497 $1,362.00
296 26-February-2015 002498 $1,213.00
297 27-February-2015 002503 $1,052.00
298 05-March-2015 002509 $848.00
299 05-March-2015 002510 $1,100.00
300 05-March-2015 002519 $1,122.00
301 05-March-2015 002521 $1,052.00
302 05-March-2015 002525 $1,048.00
303 05-March-2015 002526 $1,202.00
304 05-March-2015 002527 $1,261.00
305 05-March-2015 002531 $1,043.00
306 05-March-2015 002533 $520.00
307 05-March-2015 002534 $1,384.00
308 12-March-2015 002522 $963.00
309 12-March-2015 002535 $1,200.00
310 12-March-2015 002542 $554.00
311 12-March-2015 002551 $1,260.00
312 12-March-2015 002552 $1,213.00
313 12-March-2015 002553 $1,043.00
314 19-March-2015 002536 $1,253.00
315 19-March-2015 002557 $1,162.00
316 19-March-2015 002558 $1,052.00
317 19-March-2015 002562 $1,502.00
318 19-March-2015 002565 $974.00
319 19-March-2015 002567 $1,199.00
320 26-March-2015 002537 $1,000.00
321 26-March-2015 002543 $1,100.00
322 26-March-2015 002544 $848.00
323 26-March-2015 002571 $1,048.00
324 26-March-2015 002573 $683.00
325 26-March-2015 002574 $882.00
326 26-March-2015 002579 $848.00
327 26-March-2015 002580 $1,100.00
328 07-April-2015 002583 $1,168.00
329 07-April-2015 002595 $603.00
330 08-April-2015 002578 $1,213.00
331 08-April-2015 002586 $1,156.00
332 08-April-2015 002588 $646.00
333 08-April-2015 002589 $1,088.00
334 08-April-2015 002590 $858.00
335 16-April-2015 002540 $1,023.00
336 16-April-2015 002610 $1,199.00
337 16-April-2015 002611 $862.00
338 16-April-2015 002616 $1,382.00
339 16-April-2015 002619 $1,091.00
340 16-April-2015 002622 $646.00
341 16-April-2015 002624 $848.00
342 16-April-2015 002625 $1,100.00
343 16-April-2015 002630 $972.00
344 16-April-2015 002634 $978.00
345 23-April-2015 002596 $848.00
346 23-April-2015 002597 $1,100.00
347 23-April-2015 002623 $646.00
348 23-April-2015 002637 $540.00
349 23-April-2015 002639 $603.00
350 23-April-2015 002642 $972.00
351 23-April-2015 002645 $963.00
352 23-April-2015 002647 $801.00
353 29-April-2015 002621 $1,088.00
354 30-April-2015 002646 $882.00
355 30-April-2015 002649 $449.00
356 30-April-2015 002656 $1,174.00
357 30-April-2015 002658 $646.00
358 30-April-2015 002659 $848.00 1, 368 and 422
359 30-April-2015 002660 $1,100.00 1, 368 and 423
360 30-April-2015 002669 $1,382.00
361 30-April-2015 002672 $1,080.00
362 30-April-2015 002679 $331.00
363 07-May-2015 002691 $963.00
364 14-May-2015 002605 $624.00
365 14-May-2015 002693 $882.00
366 14-May-2015 002696 $1,048.00
367 14-May-2015 002702 $1,204.00
368 14-May-2015 002703 $556.00
369 14-May-2015 002706 $1,100.00
370 21-May-2015 002694 $1,080.00
371 21-May-2015 002709 $1,255.00
372 21-May-2015 002711 $801.00
373 28-May-2015 002727 $1,192.00
374 03-June-2015 002678 $2,221.00
375 03-June-2015 002748 $2,221.00
376 04-June-2015 002737 $1,301.00 425
377 17-June-2015 002772 $2,221.00
378 25-June-2015 002788 $1,382.00 417
379 25-June-2015 002790 $1,174.00 417
380 25-June-2015 002795 $614.00 35 and 417
381 01-July-2015 002789 $993.00 378
382 01-July-2015 002805 $600.00 378
383 01-July-2015 002801 $824.00 378
384 01-July-2015 002784 $848.00 378
385 01-July-2015 002806 $848.00 378
386 01-July-2015 002792 $856.00 378
387 01-July-2015 002778 $863.00 378
388 01-July-2015 002789 $993.00 378
389 01-July-2015 002811 $1,100.00 378
390 01-July-2015 002791 $1,128.00 378
391 01-July-2015 002794 $1,208.00 14 and 378
392 01-July-2015 002787 $1,502.00 378
393 01-July-2015 002810 $1,502.00 378
394 01-July-2015 002812 $1,884.00 378
395 01-July-2015 002814 $2,221.00 378
396 08-July-2015 002764 $848.00 15, 403 and 404
397 08-July-2015 002827 $848.00 403
398 08-July-2015 002821 $993.00 403
399 08-July-2015 002765 $1,100.00 403
400 08-July-2015 002826 $1,100.00 403
401 08-July-2015 002820 $1,128.00 403
402 08-July-2015 002829 $1,137.00 403
403 08-July-2015 002818 $1,502.00 403
404 08-July-2015 002828 $1,502.00 403
405 08-July-2015 002804 $1,502.00 403
406 08-July-2015 002825 $1,884.00 403
407 08-July-2015 002823 $2,221.00 403
408 09-July-2015 002816 $1,382.00 404
409 09-July-2015 002822 $590.00 404
410 09-July-2015 002355 $1,502.00 404
411 15-July-2015 002815 $1,301.00 406
412 15-July-2015 002830 $1,225.00 10, 405 and 406
413 15-July-2015 002833 $856.00 405
414 15-July-2015 002834 $993.00 406
415 15-July-2015 002832 $1,128.00 406
416 15-July-2015 002835 $1,244.00 12, 405 and 406
417 15-July-2015 002848 $1,382.00 405 and 406
418 15-July-2015 002843 $1,502.00 406
419 15-July-2015 002808 $1,884.00 406
420 15-July-2015 002842 $1,884.00 406
421 15-July-2015 002841 $2,221.00 406
422 15-July-2015 002845 $3,250.00 406
423 15-July-2015 002492 $320.00 406
424 15-July-2015 002744 $334.00 406
425 15-July-2015 002776 $600.00 406
426 15-July-2015 002773 $600.00 406
427 15-July-2015 002840 $614.00 406
428 15-July-2015 002785 $627.00 406
429 15-July-2015 002849 $635.00 406
430 15-July-2015 002819 $673.00 406
431 15-July-2015 002838 $700.00 406
432 16-July-2015 002817 $1,382.00 405
433 16-July-2015 002831 $1,208.00 13 and 405
434 23-July-2015 002862 $646.00 11 and 407
435 23-July-2015 002866 $1,192.00 407
436 23-July-2015 002857 $1,382.00 407
437 04-August-2015 002903 $451.00 342
438 04-August-2015 002905 $534.00 342
439 06-August-2015 002889 $1,192.00 408
440 06-August-2015 002911 $1,382.00 408
441 06-August-2015 002891 $602.00 408
442 06-August-2015 002904 $1,220.00 408
443 20-August-2015 002933 $661.00 6 and 411
445 20-August-2015 002937 $1,104.00 411
446 20-August-2015 002935 $1,202.00 9 and 411
447 20-August-2015 002942 $1,382.00 411
448 20-August-2015 002908 $1,198.00 411
449 20-August-2015 002809 $2,221.00 411
450 27-August-2015 002946 $712.00 7 and 410
451 27-August-2015 002956 $600.00 410
452 03-September-2015 002982 $591.00 8 and 409
453 03-September-2015 002972 $653.00 409
454 03-September-2015 002983 $1,240.00 409
455 04-September-2015 002974 $1,213.00
456 09-September-2015 002944 $848.00
457 09-September-2015 002971 $856.00
458 09-September-2015 002976 $993.00
459 10-September-2015 002987 $681.00
460 10-September-2015 002988 $712.00
461 23-September-2015 002990 $591.00
462 23-September-2015 003001 $1,127.00
463 23-September-2015 003002 $856.00
464 23-September-2015 003007 $641.00
465 23-September-2015 003010 $993.00
466 24-September-2015 003012 $1,217.00
467 29-September-2015 003034 $856.00
468 29-September-2015 003038 $1,080.00
469 30-September-2015 002921 $1,630.00
470 06-October-2015 $537.00 342
471 08-October-2015 002951 $1,822.00
472 08-October-2015 003059 $856.00
473 21-October-2015 003078 $699.00
474 21-October-2015 003091 $856.00
475 27-October-2015 003121 $434.00 342
476 29-October-2015 003109 $688.00
477 29-October-2015 003114 $1,243.00
478 06-November-2015 003126 $1,243.00
479 12-November-2015 003138 $856.00
480 12-November-2015 003144 $710.00
481 10-December-2015 003197 $1,120.00 414 and 415
482 10-December-2015 003207 $974.00 414 and 415
483 10-December-2015 003213 $695.00 2, 414 and 415
484 10-December-2015 003198 $856.00 415
485 10-December-2015 003107 $876.00 415
486 10-December-2015 003200 $1,074.00 415
487 10-December-2015 003206 $1,208.00 415
488 10-December-2015 003208 $1,240.00 415
489 10-December-2015 003161 $1,305.00 415
490 10-December-2015 003088 $2,230.00 415
491 11-December-2015 003199 $710.00 3 and 414
492 29-December-2015 $1,144.00 343
493 30-December-2015 003228 $1,193.00 420
494 31-December-2015 003215 $1,425.00
495 11-January-2016 003308 $583.00
496 11-January-2016 003309 $477.00
497 20-January-2016 003288 $514.00 369
498 29-January-2016 003312 $1,240.00
499 04-February-2016 003310 $1,235.00 413
500 04-February-2016 003311 $1,283.00 412
501 04-February-2016 003313 $620.00
502 04-February-2016 003314 $1,180.00
503 04-February-2016 003319 $666.00
504 05-February-2016 003317 $927.00 418
505 10-February-2016 003280 $590.00 4
506 10-February-2016 003281 $590.00 4
507 10-February-2016 003340 $461.00
508 18-February-2016 003344 $987.00 421
509 18-February-2016 003368 $1,139.00 421
510 18-February-2016 003370 $1,144.00 416 and 421
511 18-February-2016 003358 $927.00 421
512 18-February-2016 003362 $1,000.00 421
513 18-February-2016 003326 $1,000.00 421
514 18-February-2016 003363 $1,144.00 421
515 18-February-2016 003328 $1,502.00 421
516 18-February-2016 003349 $1,502.00 421
517 18-February-2016 003369 $1,502.00 421
518 18-February-2016 003367 $1,924.00 421
519 18-February-2016 003195 $2,221.00 421
520 19-February-2016 003354 $666.00
521 19-February-2016 003365 $620.00 5
522 19-February-2016 003372 $800.00
523 26-February-2016 003355 $811.00
524 26-February-2016 003366 $1,180.00
525 03-March-2016 003357 $1,283.00
526 03-March-2016 003396 $993.00
527 03-March-2016 003399 $1,104.00
528 03-March-2016 003403 $590.00
529 03-March-2016 003411 $937.00
530 03-March-2016 003412 $643.00
531 04-March-2016 003401 $375.00
532 21-March-2016 003409 $1,884.00 346
533 23-March-2016 003005 $849.00
534 23-March-2016 003425 $449.00
535 24-March-2016 003418 $553.00
536 24-March-2016 003423 $1,104.00
537 24-March-2016 003429 $1,240.00
538 24-March-2016 003432 $1,283.00
539 24-March-2016 003440 $811.00
540 24-March-2016 003444 $631.00
541 25-March-2016 003458 $1,200.00 347
542 25-March-2016 003452 $1,632.00 347
543 25-March-2016 003450 $1,759.00 347
544 25-March-2016 $2,221.00 347
545 25-March-2016 003449 $1,200.00 348
546 29-March-2016 003442 $708.00
547 No date 003414 $1,100.00 343
548 No date 003466 $1,100.00 343
549 No date 003433 $1,164.00 343
550 No date 003386 $1,200.00 344
551 No date 003436 $1,200.00 344
552 No date 003379 $1,200.00 344
553 No date 003380 $1,502.00 345
554 No date 003437 $1,502.00 345
555 No date 003342 $1,448.00 345
556 No date $1,500.00 345
557 No date 003448 $1,884.00 346
558 No date 003446 $1,502.00 346
559 No date $600.00 351
Total $563,763.05

Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

0

Pantorno v The Queen [1989] HCA 18
Damberg v Damberg (No 2) [2001] NSWCA 433