Cole v Lee [2017] NSWSC 1011

Cole v Lee [2017] NSWSC 1011

The partnership was for a single adventure or undertaking and subject to an agreement (the Partnership Deed) which did not permit unilateral termination by notice. The plaintiff had no right to dissolve the partnership under s 26 or s 32(c) of the Partnership Act. The notice of determination was ineffective.

Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Equity Proceedings / Principal Judgment
Outcome
Prayers for relief 1, 3 and 4 of Summons dismissed. Proceedings stood over for mention. Costs reserved.
Legal Topics
['validity of Notice of Determination' 'statutory Termination of Partnership' 'retirement and Dissolution' 'partnership for Fixed Term' 'pre Emption Procedure' 'winding Up on Just and Equitable Ground']
['partnership Law'] ['validity of Notice of Determination' 'statutory Termination of Partnership' 'retirement and Dissolution' 'partnership for Fixed Term' 'pre Emption Procedure' 'winding Up on Just and Equitable Ground']

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Procedural Posture

Equity Proceedings / Principal Judgment

Legal Issues

  1. 1 ["Whether the partnership was validly terminated by the plaintiff's notice under the Partnership Act 1892 (NSW)" 'Whether the partnership is one for a single adventure or undertaking or for an undefined time' 'Whether the plaintiff can dissolve the partnership without invoking the pre-emption procedure' 'Interpretation of s 26 and s 32 of the Partnership Act 1892 (NSW)']

Ratio Decidendi

The partnership was for a single adventure or undertaking and subject to an agreement (the Partnership Deed) which did not permit unilateral termination by notice. The plaintiff had no right to dissolve the partnership under s 26 or s 32(c) of the Partnership Act. The notice of determination was ineffective.

Court Disposition

Prayers for relief 1, 3 and 4 of Summons dismissed. Proceedings stood over for mention. Costs reserved.

Orders

  • ['Order that the Summons insofar as it concerns prayers for relief 1, 3 and 4 be dismissed.' 'Stand the proceedings over for mention on a date to be fixed by arrangement with Associate, such date to be no later than four weeks from 02 August 2017.' 'Costs reserved.']