Teamunit Pty Limited v Chugh [2009] NSWDC 308

New South Wales District Court

CITATION: Teamunit Pty Limited v Chugh [2009] NSWDC 308

HEARING DATE(S): 12 October 2009 EX TEMPORE JUDGMENT DATE : 16 October 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict and judgment for the plaintiff on the plaintiff's claim in the sum of $333,421. 2. Each party is to pay its own costs of the proceedings involving the plaintiff's claim. DECISION: 3. Verdict for the cross defendant on the cross claim. 4. The cross claimant is to pay the cross defendant's costs of those proceedings. 5. The exhibits are returned.

CATCHWORDS: CONTRACT - Dispute as to terms of payment - Credit - Whether release extended to past annual leave entitlements - Whether defendant mislead or deceived into signing varying deed

PARTIES: Teamunit Pty Limited (Plaintiff) Harvi Chugh (Defendant)

FILE NUMBER(S): 2810/08

COUNSEL: Mr Robinson (Plaintiff) D Allen (Defendant)

SOLICITORS: Holding Redlich (Plaintiff) Hancocks Solicitors (Defendant)

JUDGMENT

1 On 29 June 2007 Teamunit Pty Limited, the plaintiff, entered into a share purchase agreement pursuant to which it sold its shares in a number of companies operating various businesses to Centric Wealth Pty Limited. Prior to the sale of its shares the plaintiff employed Harvi Chugh, the defendant, as its Chief Executive Officer. The defendant was also a director of the plaintiff. As a part of the share sale transaction the defendant's employment was terminated. To deal with the issues surrounding termination of the defendant's employment the parties entered into a deed of release dated 24 April 2007 and an amending deed dated 29 June 2007.