Segal v Sharma [2020] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Segal v Sharma [2020] NSWCA 314 Hearing dates: 26 November 2020 Date of orders: 9 December 2020 Decision date: 09 December 2020 Before: Basten JA at [1]; Meagher JA at [2]; Payne JA at [46] Decision: (1) Appeal dismissed. (2) Appellants pay the first respondent's costs of the appeal. Catchwords: CONTRACTS – construction and interpretation – where agreement as to "commercial arrangements" to apply to radiology practice conducted through corporate trustee of unit trust – where units held by doctors' discretionary trusts – whether doctors liable to pay shortfall in event business runs at loss – whether loss had to be based on audited financial accounts – no question of principle Cases Cited: Agricultural & Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 Category: Principal judgment Parties: Phillip Segal (First Appellant) Melita Segal (Second Appellant) Praneal Dutt Sharma (First Respondent) South West Radiology Pty Ltd (in liq) (Second Respondent) Representation: Counsel: G P Gee (Appellants) C R C Newlinds SC with E T Finnane (First Respondent)

Solicitors: Keypoint Law (Appellants) Carneys Lawyers (First Respondent) Bridges Lawyers (Second Respondent) File Number(s): 2020/148680 Publication restriction: N/A Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2020] NSWDC 121 Date of Decision: 22 April 2020 Before: Russell SC DCJ File Number(s): 2018/363590