KUENZLI V. WILTSHIRE

There was no agreement for partnership but there was an agreement to share profits. The plaintiff is entitled to an order for payment of one-half of the profits, or payment of the agreed sum (£1035), but not as a partner. The declarations as to partnership are to be struck out and an order for payment out of the sum deposited in court is appropriate.

Parties: Plaintiff: Kuenzi; Defendant: Wiltshire
Jurisdiction: Australia
Judgment Date: 12 December 1945
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed, order varied
Legal Topics: Partnership, Accounting, Agreement to Share Profits, Existence of Partnership, Jurisdiction of Equity

Equity Contract Law Partnership Accounting Agreement to Share Profits Existence of Partnership Jurisdiction of Equity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Kuenzi

Plaintiff

Wiltshire

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the agreement between the parties constituted a partnership or another form of agreement
2 Whether an account should be taken under an agreement to share profits
3 Whether the Supreme Court in its equitable jurisdiction had authority to deal with the claim

Ratio Decidendi

Court Disposition

appeal dismissed, order varied

Orders

Strike out declarations relating to existence and dissolution of partnership and liability for winding up.
Substitute a declaration that plaintiff is entitled to a one-half share of profits made up to 6 February 193.