Thompson v White [2008] NSWSC 157

Thompson v White [2008] NSWSC 157

Because it was common ground that final orders could be made despite Mr Thompson's bankruptcy and that sufficient relief was to declare and order the amounts owing between the joint venture and the participants and related parties, the Court made declarations of the joint venture debts, profit and Mr Thompson's liability, and costs orders subject to the Bankruptcy Act 1966 (Cth).

Jurisdiction
Australia
Judgment Date
29 February 2008
Procedural Posture
Joint Venture Dispute Regarding Accounts / Consequential Orders; Final Orders Consequential on Judgment
Outcome
Final consequential orders made.
Legal Topics
['joint Venture Accounts' 'consequential Orders' 'effect of Bankruptcy on Final Orders' 'costs']
['equity' 'bankruptcy' 'joint Venture'] ['joint Venture Accounts' 'consequential Orders' 'effect of Bankruptcy on Final Orders' 'costs']

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Procedural Posture

Joint Venture Dispute Regarding Accounts / Consequential Orders; Final Orders Consequential on Judgment

Legal Issues

  1. 1 ['What final orders should be made consequential on the judgment delivered on 15 January 2008.' "Whether final orders could be made notwithstanding Mr Thompson's bankruptcy and s 60 of the Bankruptcy Act 1966 (Cth)." 'What amounts were owed between the joint venture and the participants in the joint venture and related parties.']

Ratio Decidendi

Because it was common ground that final orders could be made despite Mr Thompson's bankruptcy and that sufficient relief was to declare and order the amounts owing between the joint venture and the participants and related parties, the Court made declarations of the joint venture debts, profit and Mr Thompson's liability, and costs orders subject to the Bankruptcy Act 1966 (Cth).

Court Disposition

Final consequential orders made.

Orders

  • ['Declaration that the following amounts inclusive of interest are owed by the joint venture of Byron Ward Thompson, Julian John White and Romeo Libut: $198,735 to Australian Hebel House Superannuation Fund; $338,874 to Aerated Concrete Design and Construction Superannuation Fund; $418,426 to Aerated Concrete Design...