3 Dec 2020
ZHENG v DENG [2020] NZCA 614
- Citation
- [2020] NZCA 614
- Court
- Court of Appeal
The Court of Appeal held that on the facts the parties carried on an overarching business in common with a view to profit and were equal partners from no later than March 2010 until 31 May 2015 (excluding Rosedale Apartments Ltd which sat outside the equal partnership); the High Court's contrary credibility findings and reliance on company external accounts were in error; declaratory relief and an account must be ordered and the $290,000 transfers are to be dealt with in the partnership accounting; the matter is remitted to the High Court for detailed accounting and enforcement of any net sum.