John James McNicholas v Triada Sarandopoulos [2018] NSWSC 576

John James McNicholas v Triada Sarandopoulos [2018] NSWSC 576

The partnership was entered into for an indefinite term and was dissolved no later than late 2009 by clear notice from Ms Sarandopoulos, with the claim for an account by Mr McNicholas barred by section 15 of the Limitation Act 1969 (NSW) as it was brought more than six years after dissolution.

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Equity Application for Partnership Dissolution and Accounts / Judgment After Final Hearing
Outcome
Claim for account barred; parties invited to consider reasons before final orders
Legal Topics
['existence and Dissolution of Partnership' 'requirements of Notice of Dissolution' 'limitation Period for Taking of Accounts']
['partnerships and Joint Ventures' 'limitation of Actions'] ['existence and Dissolution of Partnership' 'requirements of Notice of Dissolution' 'limitation Period for Taking of Accounts']

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Procedural Posture

Equity Application for Partnership Dissolution and Accounts / Judgment After Final Hearing

Legal Issues

  1. 1 ['Did a partnership agreement exist between the parties?' 'When and how was the partnership dissolved?' 'Is the order for taking of accounts barred by s 15 of the Limitation Act 1969 (NSW)?']

Ratio Decidendi

The partnership was entered into for an indefinite term and was dissolved no later than late 2009 by clear notice from Ms Sarandopoulos, with the claim for an account by Mr McNicholas barred by section 15 of the Limitation Act 1969 (NSW) as it was brought more than six years after dissolution.

Court Disposition

Claim for account barred; parties invited to consider reasons before final orders

Orders

  • []