Segal v Sharma & Anor [2022] NSWSC 496

Supreme Court New South Wales

Medium Neutral Citation: Segal v Sharma & Anor [2022] NSWSC 496 Hearing dates: 16 – 17 December 2021 Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Equity Before: Slattery J Decision: Report of referee adopted in the manner identified in the Court's orders. Directions made to resolve remaining questions of costs and residual issues. Catchwords: CIVIL PROCEDURE – reference out to a referee – Uniform Civil Procedure Rules 2005 r 20.24 – dissolution of a partnership between doctors – complex structure of partnership entities – reference to referee to undertake final accounting between the partnership entities – referee reports – parties dispute whether the whole of the referee's report should be adopted – whether the referee's report should be adopted or varied in part and if so in which respects. Legislation Cited: Civil Procedure Act 2005, s 21 Corporations Act 2001 Trustee Act 1925, s9(5) Conveyancing Act 1919, s 12 Uniform Civil Procedure Rules 2005 Cases Cited: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (2014) 89 NSWLR 209 Anglican Development Fund Diocese of Bathurst [2015] NSWSC 440 Bermria Pty Ltd v Homebush Abattoir Corporation (1991) 22 NSWLR 600 Carter Holt Harvey Wood Products Australia Pty Ltd v The Commonwealth [2019] HCA 20 Cherry v Boultbee (1839) 4 My & Cr 442 Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd & Ors [2005] NSWSC 784 Franks v Berem Constructions Pty Ltd [1998] NSWCA 87 Council of the City of Sydney v Baboon Pty Ltd [2020] NSWSC 1480 Gray v Gray (2004) 12 BPR 22,755 Thompson v Golden Destiny Investments Pty Ltd [2015] NSWSC 1929 Harvey v Harvey (1970) 120 CLR 529 Illawarra Hotel Company Pty Ltd v Walton Constructions Pty Ltd (2013) 84 NSWLR 410 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Tryhaz Pty Ltd v Fielders Engineers Pty Ltd [2005] NSWSC 906 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Procedural rulings Parties: Plaintiff: Phillip Segal First defendant: Praneal Dutt Sharma Second defendant: Gregory Chen Third defendant: Adam Preiner in his capacity as receiver and manager of the property, assets and undertaking of the SWR Holding Unit Trust Fourth defendant: SWR Pty Ltd as trustee of the SWR Unit Trust Fifth defendant: Park Central Radiology Pty Ltd Representation: Counsel: Plaintiff: S. Keizer First defendant: E. Finnane Second Defendant: H. Kiely Third defendant: T. Bagley