Plummer v Thomas [2002] NSWSC 1185

Plummer v Thomas [2002] NSWSC 1185

There was no partnership between the plaintiff and defendant as the plaintiff expressly stated she did not wish to be a partner, ownership and risk remained with the defendant, key business activities and accounts were managed by the defendant, and there was no agreement to share losses; any prima facie evidence from profit-sharing was rebutted by these facts.

Jurisdiction
Australia
Judgment Date
13 December 2002
Procedural Posture
Civil / Final Judgment
Outcome
The proceedings and cross-claim are dismissed.
Legal Topics
['partnership' 'business Structures']
['equity' 'commercial Law'] ['partnership' 'business Structures']

Case Brief

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether a partnership existed between the plaintiff and defendant in relation to the operation of Wallamba Workshop']

Ratio Decidendi

There was no partnership between the plaintiff and defendant as the plaintiff expressly stated she did not wish to be a partner, ownership and risk remained with the defendant, key business activities and accounts were managed by the defendant, and there was no agreement to share losses; any prima facie evidence from profit-sharing was rebutted by these facts.

Court Disposition

The proceedings and cross-claim are dismissed.

Orders

  • ['Proceedings dismissed.' 'Cross-Claim dismissed.' 'Plaintiff to pay costs of defendant, except costs of drawing filing and serving the Cross-Claim.' 'Defendant to pay costs of plaintiff of drawing defence to Cross-Claim.' 'Costs payable under orders 3 and 4 to be set off against each other.']