Stopping salary payments as leverage in heated negotiations between two South Auckland doctors plus allegations of false loan documentation came to a head with the High Court ordering Dr Vandana Rasela and her husband Anurag pay nearly $900,000 compensation to Dr Shigy Thachankary following a dispute over shared operation of two separate medical practices.
The High Court ruled a lease, a loan, and supposed security for this loan, used by the Raselas to oust Dr Thachankary from a Flat Bush medical centre were of no effect and invalid, with the Raselas in breach of fiduciary duties owed Dr Thachankary.
Their business relationship started initially with a joint medical practice in Papakura.
Later, a second practice was established in nearby suburb Flat Bush. Funding and operation of Flat Bush led later to a complete meltdown in their business relationship.
Critically, different legal structures were used for the two separate medical practices.
Papakura, operated through Auckland City Medical Clinics Ltd, is owned 50/50 by Dr Thachankary and Dr Rasela.
Flat Bush, operated as Flat Bush Medical Centre Ltd, is owned 50/50 by Dr Rasela and her husband. Dr Thachankary provided cash upfront to set up Flat Bush, but was not listed as a shareholder.
With Dr Thackankary later complaining he was not receiving his share of fee income from Flat Bush or a return on his cash contribution, the Raselas stalled, withholding salary payments he was owed as leverage, to force resolution of their dispute.
The High Court heard evidence of the Raselas, at a time they were supposedly negotiating with Dr Thachankary, suddenly producing documentation stating they were secured creditors of Flat Bush enabling them to appoint a receiver over Flat Bush assets.
Justice Harvey stated that while there was no direct evidence that this documentation was fabricated to foil Dr Thackankary, the fact these documents surfaced very late in their dispute did raise suspicions.
Assets of the Flat Bush practice have since been sold to a third party for $481,000, the court was told.
The Raselas were ordered to pay $892,000 damages to Dr Thachankary for failing to properly reward him for his participation in Flat Bush operations, including: $257,000 for his equitable interest in Flat Bush; $400,000 for remuneration withheld; and, $235,000 plus interest in repayment of his Flat Bush loan.
In addition, the Raselas were ordered to pay $10,000 exemplary damages; special damages ordered to mark what Justice Harvey called the Raselas’ serious and outrageous misconduct.
Separately, Justice Havey was asked to rule on ownership of the Papakura medical centre owned 50/50 by Dr Thachankary and Dr Rasela through their shareholdings in Auckland City Medical Clinics Ltd.
Purchased by the two in 2016, Auckland City Medical was agreed to now be worth $1.178 million.
The court was told Dr Thachankary alone has been responsible for maintaining and growing Auckland City’s practice during their lengthy Flat Bush dispute.
Value of Auckland City Medical should be split 60:40 in Dr Thanchankray’s favour, Justice Harvey ruled.
He was given one month to buy out Dr Rasela’s forty per cent share for $471,200.
Failing that, she has a further two weeks to buy Dr Thachankary’s share.
If neither wants to assume full ownership, Auckland City Medical goes into liquidation, Justice Harvey ruled.
Thachankary v. Rasela – High Court (2.07.25 & 29.10.25)
25.226