Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd [1974] HCA 22

High Court of Australia McTiernan, Menzies and Mason JJ. Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd [1974] HCA 22

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

June 5 McTiernan, Menzies and Mason JJ.

This is an appeal from a judgment of the Supreme Court of New South Wales (Mahoney J.) in favour of the plaintiff/respondent (Volume Sales) against the defendants/appellants (Canny Gabriel and Fourth Media) whereby it was declared:

1. that as against the defendants the plaintiff was entitled

(a) to retain the box office receipts which it had collected; and

(b) to be paid by Canny Gabriel the box office receipts which that company had collected

arising from the sale of tickets for certain concerts given by two entertainers — Cilla Black and Elton John — such moneys to be held by Volume Sales and dealt with according to a contract between Volume Sales and Fourth Media dated 16th September 1971; and

2. that the interest of Volume Sales in such box office receipts ranks in priority to the interest of Canny Gabriel in such box office receipts pursuant to a contract dated 17th September 1971 between Canny Gabriel and Fourth Media and one Stanley Biedebecke.

The declarations were sought on the footing that the contract of 16th September 1971 between Volume Sales and Fourth Media constituted the parties thereto partners in the joint venture of exploiting contracts which Fourth Media then had for the appearances of Cilla Black and Elton John in Australia. His Honour found that, although there was a joint venture in exploiting such contracts, nevertheless the contract did not constitute a partnership. His Honour further decided that by virtue of the contract of 16th September 1971 Volume Sales did acquire an equitable interest in the proceedings of the joint venture as and when they accrued and it was on this footing that he made the declarations.