Two Nigerian doctors working in Wodonga once described themselves as like brothers they were so close, but a failed business venture has resulted in them fighting in court over hundreds of thousands of dollars.
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Alade Sululola and Godwin Mbachilin have known each other since 2008 and it was Dr Sululola who convinced his friend to move to the North East in 2012.
By 2014 Dr Sululola worked at Elmwood Medical Centre Dr Mbachilin at Gateway Health, and they started planning their own Wodonga medical practice together.
That never went to plan as issues of money and legal rights became worse over the next few years.
They finally ended up in the County Court for trial in October this year and the judge handed down his decision in December, ruling in favour of Dr Sululola.
Dr Sululola bought land on Middleton Crescent in Wodonga, before Dr Mbachilin reimbursed him half of the $72,000 deposit and went guarantor on his $516,176 bank loan for the new medical centre.
The proposal financial partnership was set up through companies run by each of the doctors, but neither agreed on how it should work, what shares were required in the other's company and how the business profits would or would not be shared.
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Nor could they agree on a financial settlement to end the working relationship.
Dr Sululola started court proceedings, with documents showing his claim that the relationship "subsequently deteriorated" despite drawing up a draft deed of settlement that was never signed by Dr Mbachilin.
In a counterclaim, Dr Mbachilin said he was unable to practice medicine at the new business because he was "precluded" by Dr Sululola, who was supposed to be supervising him.
Judge Michael Macnamara dismissed Dr Mbachilin's counterclaims.
He said it was clear the parties entered into a contractual arrangement, but "the failure to complete the contract was due to Dr Mbachilin's refusal".
"It was Dr Mbachilin who took the initiative in cancelling further negotiations and because, since there cannot be a legally enforceable 'agreement to agree', a failure or a refusal of a party to agree would generally not be regarded as a legal wrong," Judge Macnamara said.
He said "this proceeding has been determined in favour of Dr Sululola" and it would be preferable if the parties could agree on a settlement figure, but they would return to court if that did not happen.
