20 Dec 2010
PARK V STIRLING AND ORS HC WHA CIV 2009-488-57
- Citation
- openlaw-3e9b4813_74fb_4060_bb76_e5a6cfaf6146.pdf
- Court
- High Court
The permit was a partnership asset applied for and paid for by the partnership before Brian's death; Keane J's judgment ordered an accounting for the deceased partner's full share of partnership assets (including the permit) and, once satisfied, transferred the deceased partner's interest to the surviving partner (and thus his estate). Res judicata principles (Henderson v Henderson) and s92(2)(a) of the Crown Minerals Act support that outcome, so the first and second defendants hold no interest and the plaintiff as executor is the owner.