Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PARTNERSHIP – liability of firm for the wrongful act of partner – whether wrongful act committed in the ordinary course of the firm's business – whether deposit of cheque was in the ordinary course of firm's business – whether partner knew or ought to have known the firm received a third party's cheque – rule in Clayton's Case – whether rule applicable to withdrawals on the same day Baker v Microdos (1996) 20 ACSR 148 mentioned Consulere Design & Construction Pty Ltd v Hooker Corporation Ltd [1991] 2 VR 189 mentioned Clayton's Case (1816) 35 ER 781 applied James v Oxley (1939) 61 CLR 433 discussed National Commercial Banking Corporation of Australasia Ltd v Batty (1986) 160 CLR 251 applied Pavey & Matthews Pty Ltd v Paul (1986-1987) 162 CLR 221 applied Re Loteka Pty Ltd (in liq) [1990] 1 Qd.R. 322 mentioned Re Selmar Pty Ltd (in liq) [1978] VR 531 mentioned The Mecca [1897] AC 286 mentioned
micro minerals pty ltd (in liquidation) v egon grossberg and camille nahas
NG 3788 of 1996
FINKELSTEIN J
MELBOURNE
30 OCTOBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
victoria DISTRICT REGISTRY ng 3788 of 1996
between: micro minerals pty ltd (in liquidation)
Applicant
and: egon grossberg and camille nahas
Respondents
JUDGE: finkelstein j
DATE OF ORDER: 30 october 1998
WHERE MADE: melbourne
THE COURT ORDERS THAT: 1. The first respondent pay to the applicant the sum of $250,000 together with interest fixed at $--- 2. The first respondent pay to the applicant one half of its costs of and incidental to the application. 3. The second respondent pay to the applicant the sum of $260.89 together with interest fixed at $---. 4. The applicant pay to the second respondent his costs of and incidental to the application. 5. The first respondent pay to the second respondent the sum of $260.89. 6. The first respondent pay to the second respondent the costs of and incidental to the claim for contribution. Note: Settlement and entry of orders are dealt with in order 36 of the Federal Court Rules
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