Nanevski Developments Pty Ltd v Slaveski; Mega-Top Cargo Pty Ltd v Nanevski Developments Pty Ltd [2022] NSWSC 1066

An enforceable partnership existed between Nanevski Developments Pty Ltd and Ken Slaveski (and, for these purposes, the other relevant Slaveski parties) from about February 2015 for the purchase and development of two properties, operated on a 50/50 basis as to cost, contribution, liabilities and profits. Registered legal interests by any party were held on trust for the partnership. There was no condition precedent (such as equalisation of contributions) to the creation of the partnership. The partnership must now be wound up, a receiver appointed, and a full account conducted of parties' contributions, entitlements, and partnership liabilities. Claims for conversion, trespass, debt by...

Parties: Plaintiff/second Cross Defendant (2019/153341); Defendant (2019/95876): Nanevski Developments Pty Ltd; First Defendant/first Cross Claimant (2019/153341): Ken Slaveski; Second Defendant/second Cross Claimant (2019/153341): Biljana Slaveski; Third Defendant/third Cross Claimant (2019/153341): James Slaveski; Fourth Defendant/fourth Cross Claimant (2019/153341); Plaintiff (2019/95876): Mega-Top Cargo Pty Ltd; First Cross Defendant (2019/153341): Tom Nanevski
Jurisdiction: Australia
Judgment Date: 09 August 2022
Procedural Posture: Equity / Principal Judgment After Final Hearing
Outcome: Partnership declared and receiver to be appointed to wind up partnership and conduct an accounting between the partners. Claims for conversion, trespass, Local Court debts, and misleading conduct all dismissed or absorbed into the partnership account.
Legal Topics: Existence of Partnership, Winding Up of Partnership, Partnership Account, Constructive Trusts, Joint Venture Arrangements, Conversion, Quantum Meruit, Misleading or Deceptive Conduct

Equity Partnership Law Existence of Partnership Winding Up of Partnership Partnership Account Constructive Trusts Joint Venture Arrangements Conversion +2 more

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Parties

Nanevski Developments Pty Ltd

Plaintiff/second Cross Defendant (2019/153341); Defendant (2019/95876)

Ken Slaveski

First Defendant/first Cross Claimant (2019/153341)

Biljana Slaveski

Second Defendant/second Cross Claimant (2019/153341)

James Slaveski

Third Defendant/third Cross Claimant (2019/153341)

Mega-Top Cargo Pty Ltd

Fourth Defendant/fourth Cross Claimant (2019/153341); Plaintiff (2019/95876)

Tom Nanevski

First Cross Defendant (2019/153341)

Procedural Posture

Equity / Principal Judgment After Final Hearing

Legal Issues

1 Whether a partnership existed between Nanevski Developments and Ken Slaveski (and others) for the development of certain properties
2 Character and incidents of any such partnership
3 Entitlement to accounting between the parties

Ratio Decidendi

Court Disposition

Partnership declared and receiver to be appointed to wind up partnership and conduct an accounting between the partners. Claims for conversion, trespass, Local Court debts, and misleading conduct all dismissed or absorbed into the partnership account.

Orders

Declaration that a partnership existed and subsists between Nanevski Developments Pty Ltd and Ken Slaveski for the purchase and development of Riverside and Vista Street properties.
Ken Slaveski, James Slaveski and Biljana Slaveski hold their legal interests in the properties on trust for the partnership.