Engadine Medical Imaging Services Pty Ltd as trustee for the Engadine Unit Trust v Mena Ibrahim [2024] NSWSC 1399

Engadine Medical Imaging Services Pty Ltd as trustee for the Engadine Unit Trust v Mena Ibrahim [2024] NSWSC 1399

The plaintiffs failed to establish that Mr Ibrahim was an officer of EMIS or breached relevant duties; there was insufficient evidence of pleaded representations or reliance to substantiate misleading or deceptive conduct under the ACL; no actionable breach of confidence was shown against Mr Ibrahim or Mr Chaudhry; the evidence did not support breaches of statutory or fiduciary duties owed by Mr Chaudhry; and the contractual Deed of Settlement applied according to its terms, precluding claims against the defendants. Accordingly, all claims were dismissed.

Parties
First Plaintiff: Engadine Medical Imaging Services Pty Ltd ATF the Engadine Unit Trust; Second Plaintiff: Ali Kyatt; Third Plaintiff: Advanced Imaging Pty Ltd ATF the Kyatt Family Trust; First Defendant: Mena Ibrahim; Second Defendant: Engadine Medical Imaging Pty Ltd; Third Defendant: Nabeel Chaudhry; Fourth Defendant: Warilla Diagnostic Imaging Pty Ltd ATF Warilla Diagnostic Image Trust trading as Focus Radiology; Fifth Defendant: Focus Radiology Dapto Pty Ltd; Sixth Defendant: Focus Radiology Warrawong Pty Ltd; Seventh Defendant: Dapto Imaging Pty Ltd ATF the Dapto Medical Imaging Unit Trust; Eighth Defendant: Warrawong Imaging Pty Ltd ATF the Warrawong Medical Imaging Unit Trust
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Principal Judgment / Final Judgment (liability and Costs)
Outcome
Claim dismissed
Legal Topics
Misleading or Deceptive Conduct, Directors' Duties, Officer Definition, Breach of Confidence, Fiduciary Duties, Contractual Releases, Lease Assignment
Equity Corporations Australian Consumer Law Misleading or Deceptive Conduct Directors' Duties Officer Definition Breach of Confidence Fiduciary Duties +2 more

Case Brief

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Parties

Engadine Medical Imaging Services Pty Ltd ATF the Engadine Unit Trust

First Plaintiff

Ali Kyatt

Second Plaintiff

Advanced Imaging Pty Ltd ATF the Kyatt Family Trust

Third Plaintiff

Mena Ibrahim

First Defendant

Engadine Medical Imaging Pty Ltd

Second Defendant

Nabeel Chaudhry

Third Defendant

Warilla Diagnostic Imaging Pty Ltd ATF Warilla Diagnostic Image Trust trading as Focus Radiology

Fourth Defendant

Focus Radiology Dapto Pty Ltd

Fifth Defendant

Focus Radiology Warrawong Pty Ltd

Sixth Defendant

Dapto Imaging Pty Ltd ATF the Dapto Medical Imaging Unit Trust

Seventh Defendant

Warrawong Imaging Pty Ltd ATF the Warrawong Medical Imaging Unit Trust

Eighth Defendant

Procedural Posture

Principal Judgment / Final Judgment (liability and Costs)

Legal Issues

  1. 1 Whether Mr Ibrahim was an officer of EMIS
  2. 2 Whether Mr Ibrahim breached duties owed to EMIS, including statutory and fiduciary duties
  3. 3 Whether Mr Ibrahim engaged in misleading or deceptive conduct under the ACL

Ratio Decidendi

The plaintiffs failed to establish that Mr Ibrahim was an officer of EMIS or breached relevant duties; there was insufficient evidence of pleaded representations or reliance to substantiate misleading or deceptive conduct under the ACL; no actionable breach of confidence was shown against Mr Ibrahim or Mr Chaudhry; the evidence did not support breaches of statutory or fiduciary duties owed by Mr Chaudhry; and the contractual Deed of Settlement applied according to its terms, precluding claims against the defendants. Accordingly, all claims were dismissed.

Court Disposition

Claim dismissed

Orders

  • The further amended statement of claim filed 18 July 2024 is dismissed.
  • The plaintiffs are to pay the costs of the defendants.