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Australia Case Law

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Contract law

Liu v Lam

Liu v Lam [2024] NSWSC 1306

The NSW Supreme Court found a binding agreement between Liu and Lam, rejected a partnership defence, and held the contractual default interest was unenforceable as a penalty.

  • Agreement formation
  • Offer and acceptance
  • Intention to create legal relations
  • Indemnity
  • Credibility
  • Partnership existence
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Partnership law

Warner Capital Pty Ltd v Shazbot Pty Ltd

Warner Capital Pty Ltd v Shazbot Pty Ltd [2024] NSWCA 245

Appeal dismissed in a partnership accounting dispute over valuing insolvency work in progress and residual goodwill in an insolvency practice.

  • Partnership dissolution
  • Valuation of work in progress
  • Goodwill valuation
  • Insolvency practice obligations
  • Hypothetical transaction valuation
  • Professional standards
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Equity

Nanevski Developments Pty Ltd v Slaveski; Mega-Top Cargo Pty Ltd v Nanevski Developments Pty Ltd

Nanevski Developments Pty Ltd v Slaveski; Mega-Top Cargo Pty Ltd v Nanevski Developments Pty Ltd [2022] NSWSC 1066

The Court found a partnership existed for the purchase and development of two Sans Souci properties, ordered winding up and accounting, and dismissed related conversion, trespass, debt and misleading conduct claims.

  • Existence of partnership
  • Winding up of partnership
  • Partnership account
  • Constructive trusts
  • Joint venture arrangements
  • Conversion
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Practice and procedure

Wilson v Britten-Jones

Wilson v Britten-Jones [2019] FCA 747

The Federal Court refused an interlocutory injunction sought to stop a partnership meeting considering expulsion of a partner, finding no prima facie case of sex discrimination or victimisation.

  • Interlocutory injunction
  • Prima facie case
  • Sex discrimination
  • Victimisation
  • Fiduciary duty
  • Status quo maintenance under ahrc act
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Civil procedure

Doak v GJ & BP Chard

Doak v GJ & BP Chard [2015] NSWSC 431

The NSW Supreme Court refused to dismiss, strike out, or stay a cross-claim arising from a partnership-related personal injury dispute, finding triable issues remained.

  • Summary judgment
  • Contribution between tortfeasors
  • Personal injury in partnership context
  • Contributory negligence
  • Strike out applications
  • Stay of proceedings
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Equity

Sze Tu v Lowe

Sze Tu v Lowe [2014] NSWCA 462

The Court of Appeal allowed the appeals in a family partnership dispute, set aside most trust and accounting orders, and held the partnership dissolved in 1989.

  • Indefeasibility of title
  • Constructive trust
  • Express trust
  • Resulting trust
  • Limitation periods
  • Laches
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Costs

Mark Lawler Architects Pty Ltd v Rod Seymour Pty Ltd (No. 2)

The Court awarded pre-judgment interest in a partnership accounts dispute, applying s 100 of the Civil Procedure Act, and ordered costs partly on the indemnity basis.

  • Indemnity costs
  • Offer of compromise
  • Pre-judgment interest
  • Taking of partnership accounts
  • Dissolution of partnership
  • Indemnity-costs
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Discrimination law

Taylor v Saloniklis

Taylor v Saloniklis [2013] FCA 679

The Federal Court ordered standard discovery in a civil proceeding, finding the pleadings detailed and that discovery should occur immediately rather than wait for evidence.

  • Discovery
  • Case management
  • Pleadings
  • Costs
  • Case-management
  • Interlocutory-applications
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Corporations law

In the matter of Australia Seiwa Pty Limited and In the matter of Seiwa Australia Pty Limited

In the matter of Australia Seiwa Pty Limited and In the matter of Seiwa Australia Pty Limited [2012] NSWSC 1334

The Supreme Court of NSW dismissed applications to set aside statutory demands, holding the demands were validly signed and served with authority.

  • Setting aside statutory demands
  • Authority of joint creditors
  • Defects in statutory demand
  • Partnership property
  • Setting-aside-statutory-demand
  • Joint-creditors
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.