Small v McGoldrick [2008] NSWSC 1381

Small v McGoldrick [2008] NSWSC 1381

Defendants were accountable for prize money collected by their manager without authority and for the value of the horse at export, as export was not authorised under the joint venture; accounts settled and plaintiffs entitled to judgment for their share.

Jurisdiction
Australia
Judgment Date
10 December 2008
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Judgment for the plaintiffs
Legal Topics
['partnership' 'joint Venture' 'syndicate Accounting' 'harness Racing' 'remedies']
['equity'] ['partnership' 'joint Venture' 'syndicate Accounting' 'harness Racing' 'remedies']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether defendants were accountable for prize money collected by their manager' 'Whether export of the horse was authorised' 'Whether defendants were accountable to the syndicate for value of the horse at the time of export' 'Whether plaintiffs were entitled to a share in syndicate profits and value' 'Whether damages for disappointment and distress were recoverable']

Ratio Decidendi

Defendants were accountable for prize money collected by their manager without authority and for the value of the horse at export, as export was not authorised under the joint venture; accounts settled and plaintiffs entitled to judgment for their share.

Court Disposition

Judgment for the plaintiffs

Orders

  • ['Order that judgment be given for the plaintiff for $33,554.26 with costs']