HUPPERT V. KIPEN

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*

IN THE HIGH COURT OF AUSTRALIA

—_———___--__H HUPPERT

ORIGINAL

REASONS FOR JUDGMENT

Judgment delivered at____MEBLBOURNE on... DHURSDAY.... 282H_ OCTOBER 1965

'A.C. Brooks, Government Printer, Melbourne 0.7839,/60

HUPPERT Ve

KIPEN

ORDER

Appeal dismissed with costs.

JUDGMENT.

(ORAL)

HUPPERT

ve

KIPEN

BARWICK C.J.

p

HUPPERT ve

KIPEN

This is an appeal against an order of the Supreme Court of Victoria decreeing dissolution of a partnership between the appellant and the respondent. The ground upon which the order was made was that it was just and equitable to dissolve the partnership substantially because the parties had ceased to have mutual confidence and to be willing to co-operate with each other in the partnership venture.

His Honour the'learned trial judge thought that what he regarded as an intolerable position in the partnership affairs, which existed at the date of the hearing, had been brought about by a Large number of factors, including the conduct and the temperament of each of the parties. He held, however, that such contribution to the position as had been made by the fault of the defendant, did not disentitle him to the order for dissolution of the partnership.

The case appears to have been keenly fought before the Supreme Court and his Honour's full and careful reasons for judgment set out the material facts and circumstances.

The appellant complains that some findings of fact by the trial judge are not supported by evidence; some, though evidenced, ought to have been made in an opposite sense; and that, in exercising his discretion to decree dissolution, his Honour gave too much weight to some facts, too little to others and took into consideration a number of matters that the appellant claimed were irrelevant to the matter in hand.

The appeal therefore is one which concerns findings