Kelly v Tucker [1907] HCA 40

Kelly v Tucker [1907] HCA 40

There was evidence to justify finding an implied agreement that the £800 should be repaid to the plaintiff before profits were divided, and also evidence to justify finding that the adventure to South Africa was abandoned such that the partnership became one at will and was validly determined by notice.

Parties
Appellant; Defendant: John Joseph Kelly; Respondent; Plaintiff: George Edward Tucker
Jurisdiction
Australia
Judgment Date
12 September 1907
Procedural Posture
Appeal / Appeal From the Supreme Court of Victoria
Outcome
Appeal dismissed with costs.
Legal Topics
Dissolution of Partnership, Capital Contribution, Priority in Distribution, Partnership at Will, Single Venture Partnership
Partnership Law Dissolution of Partnership Capital Contribution Priority in Distribution Partnership at Will Single Venture Partnership

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Parties

John Joseph Kelly

Appellant; Defendant

George Edward Tucker

Respondent; Plaintiff

Procedural Posture

Appeal / Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the partnership was at will or for a single venture
  2. 2 Whether the £800 contributed by the respondent should be repaid before profits are divided
  3. 3 Whether the partnership was rightly dissolved as of 4 October 1906

Ratio Decidendi

There was evidence to justify finding an implied agreement that the £800 should be repaid to the plaintiff before profits were divided, and also evidence to justify finding that the adventure to South Africa was abandoned such that the partnership became one at will and was validly determined by notice.

Court Disposition

Appeal dismissed with costs.

Orders

  • The partnership was dissolved as of 4 October 1906.
  • The £800 should be allowed to the plaintiff as capital for the business.