An epic fight between two former friends over who owned a charcoal chicken shop ended up in court after one of them took $100,000 for the sale of the shop before “shamelessly” taking it back.
Simon Munzer opened the Paradise Charcoal Chicken store in Mount Druitt, western Sydney, in 2008 before selling it 14 years later to his old friend Fouad Bachour for $100,000 in August 2022.
Bachour subsequently paid another $7,500 for shares and began paying salaries to suppliers and staff.
‘The landlord was asked to assign the lease to (Bachour). The company’s suppliers were notified of the change in ownership,” Judge Kelly Rees said in her decision.
The couple also signed a seven-page written agreement ratifying the sale in September 2022.
But in mid-October, Munzer’s lawyer, who prepared the sale agreement, wrote to Bachour to say that his client “does not want to sell the business.”
He proposed a different deal in which he would lease the business to another interested party for five years because he “did not want to lose the business forever”, the NSW Supreme Court decision stated.
Mr. Munzer told Mr. Bachour: “I sold it to you only because I needed money for my house.”
Simon Munzer opened the Paradise Charcoal Chicken store (pictured) in western Sydney in 2008 before selling it to his old friend Fouad Bachour for $100,000 in August 2022.
‘I want to get the business back and then I intend to license it for only five years. Are you willing to sell…?’
Mr Bachour refused, saying it was no longer his business to sell.
Despite this, an email was sent to the landlord from the store’s shared address to “ignore lease transfer.”
On October 31, staff shortages meant Mr. Bachour did not open the store.
“However, Mr. Bachour received a text message from his son, who informed him that the business was open,” the ruling states.
“Mr. Bachour called the police and reported that someone had broken into the store.”
Store staff told Mr. Bachour that Mr. Munzer had opened it for him.
Mr Munzer apologized and told police: “I have thought more about things and I am simply not prepared to give up the business.” I built it for years and it’s mine. I have decided to cancel the sale,’ states the ruling.
Mr Munzer told police he had “reflected more on things and I’m just not willing to give up the business”. I built it for years and it’s mine. I have decided to cancel the sale.
No arrests were made.
But in mid-October, Munzer’s lawyer wrote to Bachour to say that his client “does not want to sell the business,” sparking a bitter court battle between the former friends.
After closing the store for the day, Mr. Bachour locked the doors with a chain.
“The next morning, when Mr. Bachour went to the premises, the chain and padlock were broken on the floor,” the ruling states.
Munzer subsequently hired a security company to keep his former friend away and ran the store as if it were still his for the next two years.
Mr. Bachour then initiated legal proceedings.
In the end, Judge Rees agreed with Mr Bachour and concluded that “Mr Munzer changed his mind and brazenly re-taken possession of the Mt Druitt store”.
“Mr. Munzer sold the business to his old friend for $100,000 because he needed funds,” he ruled.
But Mr. Munzer changed his mind and, rather boldly, took possession of the shop again. The only person who was exploited in this matter was Mr. Bachour.’
Judge Rees found the original written agreement to sell the store to be a “valid and binding contract” and ordered Mr Munzer to follow its terms.
The amount of compensation owed by Mr. Munzer will be decided later.