Old v Hodgkinson; Old v McInnes [2004] NSWSC 1202

Because the factual and legal issues are so intertwined, and both parties agree accounting issues can be efficiently dealt with by a referee, all primary issues except for minor Fair Trading Act counts are referred to a referee for report.

Jurisdiction: Australia
Judgment Date: 03 December 2004
Procedural Posture: Partnership Dispute / Referral to Referee for Report
Outcome: Proceedings referred to a liquidator/referee for report; applications to strike out claims denied.
Legal Topics: ['dissolution' 'accounting' 'fiduciary Duty' 'premium' 'fair Trading Act Claims']

['equity' 'partnership Law'] ['dissolution' 'accounting' 'fiduciary Duty' 'premium' 'fair Trading Act Claims']

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Procedural Posture

Partnership Dispute / Referral to Referee for Report

Legal Issues

1 ['Whether draft accounts as at 30 June 2003 can be adopted' 'Whether the plaintiff breached fiduciary duty warranting adjustment of accounts' "Defendants' claim against plaintiff for breach of Fair Trading Act" 'Whether plaintiff is entitled to payment of premium under memorandum of understanding']

Ratio Decidendi

Court Disposition

Proceedings referred to a liquidator/referee for report; applications to strike out claims denied.

Orders

['All primary issues except minor Fair Trading Act matters to be referred to referee for report' 'Matter stood over to 8 December 2004 at 10 am for short minutes' 'Applications to strike out claims denied']