Jack Marzec v Waclaw Marian (Willy) Lysiak [2015] NSWSC 647

Jack Marzec v Waclaw Marian (Willy) Lysiak [2015] NSWSC 647

A partnership existed between Jack Marzec and Waclaw Marian (Willy) Lysiak, but not Julius Waclaw Lysiak, in relation to insulation; a partnership existed between Jack, Willy, and Julius in relation to solar panels; the manufacture and sale of solar panel lifters were not part of any partnership involving Jack. Expenses charged to certain debit and credit cards are recoverable; allegations of unaccounted cash receipts are not established unless supported by reliable records.

Jurisdiction
Australia
Judgment Date
28 May 2015
Procedural Posture
Civil / Principal Judgment
Outcome
Parties to undertake accounting of partnerships as found; directions to complete accounting; orders to be brought in to give effect to reasons.
Legal Topics
['existence of Partnership' 'members of Partnership' 'subject Matter and Terms of Alleged Partnership' 'accounting of Partnership' 'partnership Act, 1892 (nsw)']
['equity' 'partnership'] ['existence of Partnership' 'members of Partnership' 'subject Matter and Terms of Alleged Partnership' 'accounting of Partnership' 'partnership Act, 1892 (nsw)']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether a partnership existed between Jack Marzec, Waclaw Marian (Willy) Lysiak, and Julius Waclaw Lysiak in relation to insulation, solar panels, and solar panel lifters' 'Terms and membership of the partnership(s)' 'Entitlement to accounting and monetary relief' 'Liability for expenses and financial transactions arising from alleged partnership']

Ratio Decidendi

A partnership existed between Jack Marzec and Waclaw Marian (Willy) Lysiak, but not Julius Waclaw Lysiak, in relation to insulation; a partnership existed between Jack, Willy, and Julius in relation to solar panels; the manufacture and sale of solar panel lifters were not part of any partnership involving Jack. Expenses charged to certain debit and credit cards are recoverable; allegations of unaccounted cash receipts are not established unless supported by reliable records.

Court Disposition

Parties to undertake accounting of partnerships as found; directions to complete accounting; orders to be brought in to give effect to reasons.

Orders

  • ['A partnership existed between Jack and Willy in relation to insulation.' 'A partnership existed between Jack, Willy, and Julius in relation to solar panels.' 'The lifters business was not part of any partnership involving Jack.' 'Jack is entitled to accounting and repayment for certain expenses and advances;...