Lowe v Pascoe (No 11) [2021] NSWSC 1375
On the balance of probabilities, by 30 June 1984, Geoffrey Lowe was not indebted to the Partnership in respect of a loan of $25,000. Accordingly, there is no basis for Mary and Geoffrey to bring any such payment to account.
- Jurisdiction
- Australia
- Judgment Date
- 28 October 2021
- Procedural Posture
- Equity / Consequential Orders
- Outcome
- Court found no basis for Mary and Geoffrey Lowe to account for the $25,000 payment.
- Legal Topics
- ['account of Profits' 'characterisation of Payments' 'loans and Repayments' 'partnership Accounting']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Equity / Consequential Orders
Legal Issues
- 1 ['Whether the payment of $25,000 to Geoffrey Lowe was a loan or a repayment' 'Whether Geoffrey Lowe remains indebted to the Partnership in respect of the $25,000 payment' 'Whether the plaintiffs should account for the payment received from partnership funds']
Ratio Decidendi
On the balance of probabilities, by 30 June 1984, Geoffrey Lowe was not indebted to the Partnership in respect of a loan of $25,000. Accordingly, there is no basis for Mary and Geoffrey to bring any such payment to account.
Court Disposition
Court found no basis for Mary and Geoffrey Lowe to account for the $25,000 payment.
Orders
- ['There is no requirement for Mary and Geoffrey Lowe to bring the $25,000 payment to account.']
Full Case Text
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