Ostrovsky v Burton [2007] NSWSC 1183

Ostrovsky v Burton [2007] NSWSC 1183

The relationship between the parties regarding the property was that of a partnership, not mere co-ownership, having been treated as a partnership for taxation and business purposes. The partnership was dissolved upon commencement of proceedings on 28 July 1999. The partnership should be wound up with receivership and accounting, as the property was wrongfully sold by the defendant and the proceeds not accounted for.

Jurisdiction
Australia
Judgment Date
29 August 2007
Procedural Posture
Suit for Dissolution and Winding Up of Partnership / Judgment After Ex Parte Hearing
Outcome
Partnership declared to exist and ordered to be wound up; appointment of receiver; account and inquiry ordered; proceedings adjourned for further consideration; costs to plaintiff.
Legal Topics
['partnership' 'winding Up of Partnership' 'co Ownership Vs Partnership' 'partnership Property']
['equity'] ['partnership' 'winding Up of Partnership' 'co Ownership Vs Partnership' 'partnership Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Suit for Dissolution and Winding Up of Partnership / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 ['Whether the relationship between the parties was that of co-owners or partners with respect to the property' 'Whether the partnership ought to be wound up and partnership assets accounted for' 'Whether the plaintiff is entitled to payment for his share of the partnership assets after sale of the property']

Ratio Decidendi

The relationship between the parties regarding the property was that of a partnership, not mere co-ownership, having been treated as a partnership for taxation and business purposes. The partnership was dissolved upon commencement of proceedings on 28 July 1999. The partnership should be wound up with receivership and accounting, as the property was wrongfully sold by the defendant and the proceeds not accounted for.

Court Disposition

Partnership declared to exist and ordered to be wound up; appointment of receiver; account and inquiry ordered; proceedings adjourned for further consideration; costs to plaintiff.

Orders

  • ['Declare that from 30 November 1990 the plaintiff and defendant carried on in partnership the business of owning the property and making it available for horse breeding partnership.' 'Declare the partnership was dissolved on 28 July 1999.' 'Order the partnership be wound up under the direction of the Court.'...