New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Partnership


       

  1. 22/09/2016
    Partnership: appointment of receivers; adoption of referees’ report
     

    Jabulani Pty Ltd v Walkabout II Pty Ltd  [2016] NSWCA 267
  2. 14/11/2014
    Partnership: termination; fixed term; undefined time; bed and breakfast business in partnership; trial judge in error in finding partnership was dissolved by mutual agreement; Borambil Pty Ltd v O'Carroll [1972] 2 NSWLR 302 referred to; Borambil Pty Ltd v O'Carroll [1974] 1 NSWLR 1 and Rushton (Qld) Pty Ltd v Rushton (NSW) Pty Ltd [2002] QCA 210 referred to; Sharah v Healey [1982] 2 NSWLR 223 referred to; construction of Partnership Act 1895 (WA) s 37(1) and s 43(c); appeal allowed
    Nelson v Moorcraft  [2014] WASCA 212
  3. 09/08/2013
    Partnership: law firm; one partner encouraged the respondents to enter into mortgage lending transactions; transactions were excluded mortgages under s 87A Legal Profession (Solicitors) Rule 2006 (now repealed); legal practitioners only permitted to act in respect of excluded mortgage transactions if held mortgage fidelity insurance;transactions were fictitious; partner misappropriated funds; other partner had no knowledge of conduct; respondents sued the law firm for loss incurred as a result of the misconduct; whether law firm liable under ss 13 and 14 of the Partnership Act 1891 (Qld); whether law firm liable in negligence; whether wrongful acts occurred in ordinary course of law firm’s business; law firm did not have required insurance; mortgage work therefore unlawful under s 87A Legal Profession (Solicitors) Rule 2006; as mortgage work unlawful and uninsured, held not to be part of law firm’s business; therefore no actual authority in defaulting partner; whether defaulting partner had apparent authority; necessary to establish whether conduct fell within general class of acts ordinarily done by a solicitor; defaulting partner’s conduct encouraged respondents to retain the law firm; fees paid into partnership account; defaulting partner had apparent authority; Seiwa Australia Pty Ltd v Beard (2009) 75 NSWLR 74 applied; respondents suffered loss; whether non-defaulting partner had a duty to take reasonable care to prevent the law firm practising in excluded mortgages without having the required mortgage fidelity insurance; no such duty; such a duty would ‘cut across’ the relationship of trust and confidence which is the foundation of a partnership, as a partner would be required to examine all the files of a co-partner; appeal dismissed
    Crouch and Lyndon (a Firm) v IPG Finance Australia Pty Ltd & Anor  [2013] QCA 220
  4. 11/12/2012
    Partnership: interpretation of partnership agreement; whether agreement manifested intention that first and second respondents be partners in accountancy firm; whether first respondent’s conduct occurred in ordinary course of business of partnership; consideration of s 10(1) Partnership Act 1892
    Tomasetti v Brailey   [2012] NSWCA 399
  5. 17/10/2012
    Partnership: Authority to bind partners; discussion of ostensible authority; entry into primary production tax-avoidance scheme act held not business of the kind carried on by the firm in the usual way; discussion of when implied actual authority will arise from acquiescence or ratification; ratification impossible without knowledge of transaction.
    Lederberger & Anor v Mediterranean Olives Financial Pty Ltd & Ors  [2012] VSCA 262
  6. 27/09/2011
    Partnership: Appellant and company excluded from operation of partnership business; whether partnership terminated by repudiation; Partnership Act 1963 (ACT), s 40
    Dimitrios Christis v Deputy Commissioner of Taxation  [2011] NSWCA 310
  7. 11/08/2009
    Partnership: Power of partner to bind a firm; meaning of 'illusory' contracts; appeal diverging from pleaded case; overturning factual findings
    Seiwa Australia Pty Ltd v Beard  [2009] NSWCA 240