Curac v Morey-Hype [2006] NSWSC 1171

Curac v Morey-Hype [2006] NSWSC 1171

The controversy and delay concerned negotiations and disputes about the settlement of partnership accounts, not whether the partnership should be wound up, and the defendant had not opposed the making of the winding up orders. There was no good reason to depart from the ordinary rule that costs of partnership winding up proceedings be paid out of partnership assets. The defendant was not awarded the costs of the hearing day because final orders in the proceedings were also made that day, so costs was not the only matter dealt with.

Jurisdiction
Australia
Judgment Date
06 October 2006
Procedural Posture
Proceedings for Dissolution and Winding Up of a Failed Partnership / Costs Judgment on Final Winding Up Orders
Outcome
The costs of all parties to the proceedings were ordered to be paid out of the partnership assets.
Legal Topics
['dissolution and Winding Up of Partnership' 'costs of Partnership Winding Up Proceedings' 'partnership Assets' 'taking of Accounts' 'appointment of Receiver']
['partnership' 'civil Procedure' 'costs'] ['dissolution and Winding Up of Partnership' 'costs of Partnership Winding Up Proceedings' 'partnership Assets' 'taking of Accounts' 'appointment of Receiver']

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Procedural Posture

Proceedings for Dissolution and Winding Up of a Failed Partnership / Costs Judgment on Final Winding Up Orders

Legal Issues

  1. 1 ["Whether the costs of the proceedings should be paid out of the partnership assets or out of the defendant's share of the partnership assets." 'Whether the defendant should receive the costs of the hearing day because the defendant succeeded on the costs argument.']

Ratio Decidendi

The controversy and delay concerned negotiations and disputes about the settlement of partnership accounts, not whether the partnership should be wound up, and the defendant had not opposed the making of the winding up orders. There was no good reason to depart from the ordinary rule that costs of partnership winding up proceedings be paid out of partnership assets. The defendant was not awarded the costs of the hearing day because final orders in the proceedings were also made that day, so costs was not the only matter dealt with.

Court Disposition

The costs of all parties to the proceedings were ordered to be paid out of the partnership assets.

Orders

  • ['The costs of all parties to the proceedings be paid out of the partnership assets.' 'Exhibits to be returned.']