Dracoma Pty Ltd v Changela (No 2)

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

I published my reasons in these proceedings on 21 February 2025.^[1]
1. Dracoma Pty Ltd v Changela [2025] NSWSC 83.
I shall use the same abbreviations here.
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.
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.
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.
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.

**********

Endnote

CaseChat Overview and Summary

The case of Dracoma Pty Ltd v Changela (No 2) involved the plaintiff, Dracoma Pty Ltd, which sought to have certain transactions voided and for the defendants to be wound up. The court was asked to consider claims made against the first and third defendants. The nature of the dispute was centred around the validity of transactions made by the defendants, which the plaintiff argued were voidable under the Corporations Act. The Federal Court of Australia was the tribunal that heard the case.

The legal issues before the court revolved around whether the claims made by the plaintiff against the first and third defendants should be dismissed, following the principal judgment concerning payments made by the defendants. The court was tasked with interpreting the effect of the earlier judgment and determining whether the dismissal of the claims against the defendants was appropriate. The court needed to consider the extent to which the principal judgment influenced the claims and the implications of that judgment on the current proceedings.

The court found that the claims made by the plaintiff against the first and third defendants should indeed be dismissed. The reasoning was based on the common ground established by the principal judgment, which determined that the payments in question were valid. Given this determination, the court concluded that there was no basis for the plaintiff to pursue the claims against the first and third defendants further. The court's decision was thus in line with the outcomes of the principal judgment, affirming the validity of the payments and the dismissal of the related claims.

As a result of the court's decision, the claims made by the plaintiff against the first and third defendants were dismissed. The court's ruling was definitive and provided clarity on the status of these claims, ensuring that the proceedings were consistent with the findings of the principal judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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