9 Jun 2010
SHORT & ORS V GRAY HC AK CIV-2008-404-2232
- Citation
- openlaw-053b7090_ec59_473f_8e59_e9d72a9d2305.pdf
- Court
- High Court
Clause 11 did not apply after Gray became a partner; a valid written demand calling up the loan was made on 21 December 2007 and the loan became payable three months later (21 March 2008); interest is payable from 21 March 2008 at the Judicature Act 1908 rate applicable for each month to judgment; no allowance for goodwill is payable because absence of restraint of trade made goodwill personal and unsaleable in the market; the counterclaim for breach of fiduciary duty for over‑market rent fails because there was disclosure of the landlord partners' interest and no evidence they knew the rent…