Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers [2021] NSWSC 1303

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Martinez as representative of the partners t/as HWL Ebsworth Lawyers [2021] NSWSC 1303 Hearing dates: Decided on the papers. Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Equity - Applications List Before: Slattery J Decision: See paragraphs [57] – [59]. Catchwords: PARTNERSHIPS AND JOINT VENTURES – Proper parties to partnership proceedings – plaintiff is a partner of a national law firm – law firm partnership constituted by deed – law firm has 182 partners practising throughout Australia at the time relevant to the issues raised on the pleadings – defendant is the managing partner of the law firm – in the context of the partnership proposing to list on the Australian Stock Exchange, the law firm partnership passes resolutions which are alleged to expel the plaintiff as a capital partner of the partnership – plaintiff brings proceedings by Statement of Claim to challenge the passing of both resolutions – plaintiff joins the defendant as the sole defendant in the proceedings – and by Motion seeks orders nominating the defendant as a representative of all the capital partners in the firm – the defendant resists relief on the Motion and contends that all capital partners should be joined individually as defendants and that he should not be required to be a representative for the other capital partners – whether all capital partners of the firm should be joined as defendants, or whether the defendant should be required to represent all capital partners. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58 Partnership Act 1958 (Vic) Uniform Civil Procedure Rules 2005, rr 6.21, 7.6, 7.6(1), 7.6(1)(c), 7.6(2)(c) Cases Cited: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (2014) 89 NSWLR 209 ALYK (H.K.) Limited v Caprock Commodities Trading Pty Limited and China Construction Bank Corporation [2015] NSWSC 1006 Apperly v Page (1847) 41 ER 829 Arakella Pty Ltd v Paton (As Representative of the Unitholders of GNS Trading Trust) (2004) 60 NSWLR 334 Bromley v Williams (1863) 55 ER 69 Burwood Council v Ralan Burwood Pty Ltd [2014] NSWCA 179 Carnie and Another v Esanda Finance Corporation Limited (1995) 182 CLR 398 Cooper v Webb (1847) 60 ER 695 Frasier v Cooper (1882) 21 Ch D 718 Griffiths (as trustee for Griffiths HWL Practice Trust) v Martinez (as trustee for Martinez HWL Practice Trust) [2019] NSWSC 664 In re Johnson (1880) 15 Ch D at 548 Morgan's Brewery Co. v Crosskill [1902] 1 Ch 899 Mozeley v Alston (1847) 41 ER 833 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 The London Association for the Protection of Trade v Greenlands Ltd [1916] 2 AC 15 Wallworth v Holt (1841) 41 ER 238 Walker v Sur [1914] 2 KB 930 Williams v Salmond (1856) 69 ER 864 Wood v Macarthur and Another [1893] 1 QB 775 Texts Cited: Daniell's Chancery Practice (5th ed, 1871, Stephen & Sons) Category: Procedural rulings Parties: Plaintiff: Gregory William Francis Lewis Defendant: Juan Martinez as representative of the partners t/as HWL Ebsworth Lawyers Representation: Counsel: Plaintiff: F.M. Douglas QC, J.K. Carter, J.B. Douglas Defendant: M.R. Elliot SC, K. Petch