Pantzer v Cockburn [2000] NSWSC 870

Pantzer v Cockburn [2000] NSWSC 870

The partnership was dissolved on 1 April 1996. Declaration of dissolution is made. Proceedings are referred to a Master for taking of accounts. Defendants are ordered to pay plaintiff's costs to date. Cross-claim discontinued as there is no evidence to support the declaration sought and no proceedings exist between relevant parties; costs follow discontinuance.

Jurisdiction
Australia
Judgment Date
21 August 2000
Procedural Posture
Equity / Judgment
Outcome
Declaration of partnership dissolution; reference to Master for accounts; order for payment of costs; cross-claim discontinued.
Legal Topics
['dissolution' 'winding Up' 'taking of Accounts' 'contingent Liability' 'cross Claim' 'costs']
['partnership' 'equity'] ['dissolution' 'winding Up' 'taking of Accounts' 'contingent Liability' 'cross Claim' 'costs']

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Procedural Posture

Equity / Judgment

Legal Issues

  1. 1 ['Whether the partnership was dissolved on 1 April 1996' 'Whether proceedings should be referred to a Master for taking of accounts' 'Whether defendants are liable to pay any amount found due' 'Issue of costs' 'Whether cross-claim declaration as to non-indebtedness can be made']

Ratio Decidendi

The partnership was dissolved on 1 April 1996. Declaration of dissolution is made. Proceedings are referred to a Master for taking of accounts. Defendants are ordered to pay plaintiff's costs to date. Cross-claim discontinued as there is no evidence to support the declaration sought and no proceedings exist between relevant parties; costs follow discontinuance.

Court Disposition

Declaration of partnership dissolution; reference to Master for accounts; order for payment of costs; cross-claim discontinued.

Orders

  • ['Declaration that partnership conducted between Mr Strong and defendants under Coleman & Grieg Solicitors was dissolved on 1 April 1996.' 'Proceedings referred to a Master for taking of accounts of partnership assets.' "Defendants to pay plaintiff's costs of proceedings up to date." 'Leave granted to discontinue...