Venkataswamy v Kodoor

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2016-404-002374

[2025] NZHC 219

BETWEEN
SHYLA VENKATASWAMY

Plaintiff

AND

MURALI GANESH KODOOR and GEETA MURALI GANESH

Defendants

Hearing: On the papers

Appearances:

N J Scampion and M A Ashmore for Plaintiff M I S Phillipps for Defendants

Judgment:

19 February 2025

JUDGMENT OF ANDREW J

[Agreed equitable compensation]

This judgment was delivered by Justice Andrew on 19 February 2025 at 3.30 pm
pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar
Date …………………………..

VENKATASWAMY v KODOOR [2025] NZHC 219 [19 February 2025]

[1] The parties have agreed that, following my judgment of 17 April 20241 and pending a final judgment on outstanding issues, the Court may grant judgment which may be sealed in relation to the matters that follow.2

[2]I order that the defendants are to pay to the plaintiff the following amounts:

(a)US$2,359,016.08 as a minimum part of the equitable compensation ordered in my judgment of 17 April 2024, pending a final remedy judgment;

(b)NZ$50,000 for general damages;

(c)NZ$276,755.50 for costs.

[3] Judgment for those amounts may now be sealed. As noted, the Court will issue a further judgment dealing with final outstanding remedy issues.

[4] The orders in this judgment are without prejudice to the plaintiff’s right to seal and enforce a subsequent decision of this Court (i.e. my final remedy judgment) specifying the exact, full amount owing. The orders made in this judgment are to ensure that, in the meantime, the defendants pay the plaintiff the agreed minimum amounts.

Andrew J

1 Venkataswamy v Kodoor and Ganesh [2024] NZHC 833.
2 See [8] of the defendants’ memorandum dated 20 January 2025.

CaseChat Overview and Summary

In the matter of Shyla Venkataswamy versus Murali Ganesh Kodoor and Geeta Murali Ganesh, the High Court of New Zealand was called upon to decide on the equitable compensation that the defendants were to pay to the plaintiff. The case was heard on the papers, with Shyla Venkataswamy represented by N J Scampion and M A Ashmore, and the defendants represented by M I S Phillipps. The Court delivered its judgment on 19 February 2025, ordering the defendants to pay Shyla Venkataswamy specific amounts in compensation and costs.

The primary legal issues the Court had to resolve were the minimum equitable compensation that the defendants owed to the plaintiff, and the general damages that the plaintiff was entitled to receive. The defendants had agreed to the minimum equitable compensation amount pending a final judgment on outstanding issues. The Court was also required to determine the general damages and costs to be awarded to the plaintiff.

In its judgment, the Court ordered the defendants to pay Shyla Venkataswamy US$2,359,016.08 as a minimum part of the equitable compensation, NZ$50,000 for general damages, and NZ$276,755.50 for costs. The Court noted that these orders were without prejudice to the plaintiff’s right to seal and enforce a subsequent decision of the Court specifying the exact, full amount owing. The interim orders were to ensure that the defendants paid the plaintiff the agreed minimum amounts in the meantime.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Hearing:	On the papers
Appearances:	N J Scampion and M A Ashmore for Plaintiff M I S Phillipps for Defendants
Judgment:	19 February 2025