ROSENBLUM V. LEVITOFF AND OTHERS

ROSENBLUM V. LEVITOFF AND OTHERS

The operative agreement between the parties consists of the second document (deed), as varied by the third and fourth documents; losses to be deducted refer to losses shown upon the taking of an account in accordance with clause 4 of the deed, including specified salary and other expenses as outgoings.

Parties
Plaintiff: Rosenblum; Defendant: Levitoff
Jurisdiction
Australia
Judgment Date
06 September 1948
Procedural Posture
Civil / Preliminary Determination Prior to Taking of Account
Outcome
Preliminary questions answered in favour of defendant. Further hearing adjourned. Costs reserved.
Legal Topics
Deed of Agreement, Interpretation of Agreement, Consideration, Profits and Losses, Deduction of Losses
Contract Deed of Agreement Interpretation of Agreement Consideration Profits and Losses Deduction of Losses

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Parties

Rosenblum

Plaintiff

Levitoff

Defendant

Procedural Posture

Civil / Preliminary Determination Prior to Taking of Account

Legal Issues

  1. 1 Is the agreement between the parties contained in two documents as the plaintiff contends or in those and a further document as the defendant contends?
  2. 2 What is the meaning of the provision allowing the defendant to deduct losses ordinarily incurred by him in his business activities under the agreement?

Ratio Decidendi

The operative agreement between the parties consists of the second document (deed), as varied by the third and fourth documents; losses to be deducted refer to losses shown upon the taking of an account in accordance with clause 4 of the deed, including specified salary and other expenses as outgoings.

Court Disposition

Preliminary questions answered in favour of defendant. Further hearing adjourned. Costs reserved.

Orders

  • Declare that agreement between plaintiff and defendant is contained in exhibit B as varied by exhibits C and D.
  • Declare that losses referred to in exhibit D mean losses shown upon taking of an account in accordance with clause 4 of exhibit B.