Doctors Vandana Rasela and Shigy Thachankary used differing corporate structures for their two jointly operated medical practices in south Auckland leading to complicated legal manoeuvring after falling out.
The two established a joint general medical practice in Papakura, then set up a secondary practice in Flat Bush. The Flat Bush practice no longer operates; it is in receivership. Dr Rasela alleges Dr Thachankary regularly behaves in a bullying and aggressive manner towards her. He alleges he has been ripped off after providing financial support for establishment of Flat Bush.
Different corporate structures were used for the two separate medical practices: Papakura operates as Auckland City Medical Clinics Ltd owned 50/50 by the two; Flat Bush operated as Flat Bush Medical Centre Ltd owned 50/50 by Dr Rasela and her husband. Mr Thachankary has no equity interest in Flat Bush but did loan money to Mr Rasela for costs of setting up Flat Bush. He alleges Mr Rasela has failed to repay loans totalling $235,000 and further failed to authorise payment of fee income due him from Flat Bush. He complains Dr Rasela improperly inserted herself as a secured creditor of Flat Bush, claiming status as a secured creditor for money Dr Thachankary alleges she is not owed. Legal writs have been flying.
Dr Thachankary is suing for money he claims owed in respect of Flat Bush. Dr Rasela is suing to have their 50/50 Papakura practice wound up on grounds of her fellow shareholder’s behaviour. Dr Thachankary wants the two cases heard together; what happened at Flat Bush is relevant to the situation at Papakura, he says. Dr Rasela says the two practices operate as separate companies, different legal issues are at stake in each case and they should be heard separately. Wording of a High Court ruling intending to have each case heard separately had the effect of allowing arguments about Flat Bush admitted as evidence in the Papakura case.
Back in court, Dr Rasela was ordered to hand over financial information about Flat Bush relevant to their falling out as owners of their Papakura practice, Auckland Medical. In particular, Dr Thachankary wants details of loans from Auckland Medical to Flat Bush and an accounting for Auckland Medical supplies and staff time utilised at Flat Bush.
Rasela v. Thachankary – High Court (9.02.21)
21.028