Sharma v Segal [2020] NSWDC 121

District Court New South Wales

Medium Neutral Citation: Sharma v Segal [2020] NSWDC 121 Hearing dates: 25, 26 March 2020 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff Praneal Dutt Sharma against the defendants Phillip Segal and Melita Segal for $126,239.90. (2) Order the defendants Phillip Segal and Melita Segal to pay the costs of the plaintiff Praneal Dutt Sharma. (3) Judgment on the cross-claim for the first cross-defendant Praneal Dutt Sharma. (4) Order the cross-claimant Phillip Segal to pay the costs of the first cross-defendant Praneal Dutt Sharma. (5) No order in relation to the second cross-defendant South West Radiology Pty Limited. Catchwords: COSTS – Costs from earlier litigation assessed and paid – costs later reduced upon review – action for recovery of overpayment – whether initial payment was part of accord and satisfaction so as to preclude recovery of overpayment – held: payment was not part of an accord and satisfaction but was made to discharge the liability created by first costs assessment

ASSIGNMENT OF DEBT – assignment of debt said to be owing by cross-defendant to a trust – whether a debt was in fact owed by cross-defendant to trust – whether a deed setting out commercial arrangements imposed a personal obligation on cross-defendant to fund part of losses of the trust – general principles of interpretation of commercial agreements – held: deed imposed no obligation on cross defendant personally – held: no right of recovery by trustee against cross-defendant – no debt capable of assignment to cross-claimant