Dracoma Pty Ltd v Changela (No 2)

Case

[2025] NSWSC 216

17 March 2025

No judgment structure available for this case.

Supreme Court


New South Wales

Medium Neutral Citation: Dracoma Pty Ltd v Changela (No 2) [2025] NSWSC 216
Hearing dates: On the papers
Date of orders: 14 March 2025
Decision date: 17 March 2025
Jurisdiction:Equity - Commercial List
Before: Stevenson J
Decision:

Make orders in favour of the plaintiff in respect of the second, fourth, fifth, sixth and seventh defendants; dismiss the plaintiff’s claim against the first and third defendants

Catchwords:

CORPORATIONS – winding up – voidable transactions – where common ground that it follows from principal judgment in relation to payments that the claims made by plaintiff against the first and third defendant be dismissed

Cases Cited:

Dracoma Pty Ltd v Changela [2025] NSWSC 83

Category:Consequential orders
Parties: Dracoma Pty Ltd (Plaintiff)
Radhika Rajan Changela (First Defendant)
Sweta Prashant Changela (Second Defendant)
Vijay Chandrashanker Pandya (Third Defendant)
Prashant Girishbhai Changela (Fourth Defendant)
Rajan Girishbhai Changela (Fifth Defendant)
Changela Food Pty Ltd (Sixth Defendant)
Vijay Pandya Pty Ltd (Seventh Defendant)
Representation:

Counsel:
J Hynes (Plaintiff)
Dr A J Greinke (Defendants)

Solicitors:
William James (Plaintiff)
Lodhia Lawyers (Defendants)
File Number(s): 2023/298052

JUDGMENT

  1. I published my reasons in these proceedings on 21 February 2025. [1]

    1. Dracoma Pty Ltd v Changela [2025] NSWSC 83.

  2. I shall use the same abbreviations here.

  3. My attention has been drawn to the fact that I overlooked making findings in relation to Radhika and Dr Pandya in relation to the claims made by Dracoma concerning the 2017 payments and the 2018 payments.

  4. It is common ground that it follows from my reasoning in relation to those payments that the claims made by Dracoma against Radhika and Dr Pandya must be dismissed.

  5. In those circumstances, on 14 March 2025 I made orders in favour of the plaintiff in respect of the second, fourth, fifth, sixth and seventh defendants and dismissed the plaintiff’s claim against the first and third defendants.

  6. I also made orders concerning the money paid into Court as security for costs and made directions as to submissions in relation to the costs of the proceedings.

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Endnote

Decision last updated: 17 March 2025

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Dracoma Pty Ltd v Changela [2025] NSWSC 83