Carpenter v Morris [2021] NSWSC 1700

Supreme Court New South Wales

Medium Neutral Citation: Carpenter v Morris [2021] NSWSC 1700 Hearing dates: 14–28 September 2020 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Equity Before: Williams J Decision: Proceedings dismissed, save in relation to costs which are reserved for determination on the papers. Catchwords: PARTNERSHIP – scope of business undertaken in partnership – allegation that director of one partner received partnership monies in which partners were entitled to share equally – claim by other partner against director of first partner for money had and received – whether director unjustly enriched by receipt of partnership monies – recipient liability for breach of partner's fiduciary duties not an established category of unjust enrichment - claim for taking of accounts of the partnership which came to an end in 2003 – where order sought for the purpose of accounting for two assets – where impossible to identify, quantify or value one of those assets – where other asset was not an asset of the partnership – whether taking of accounts would serve any useful purpose – whether claim for an order for the taking of accounts time barred CONTRACTS – oral agreements – whether alleged oral agreements entered into and on what terms – alleged repudiation – damages claimed – whether evidence provided rational basis to estimate damages Legislation Cited: Limitation Act 1969 (NSW), ss 15 and 55 Mining Act 1992 (NSW), 11 Mining Amendment Act 2008 (NSW) Partnership Act 1892 (NSW), ss 29, 35, 39, 44 Cases Cited: Bunnings Group Ltd v CHEP Australia Ltd (2011) 82 NSWLR 420; [2011] NSWCA 342 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115; [2007] HCA 61 Re Hillsea Pty Ltd [2019] NSWSC 1152 Lawrence v Ciantar [2020] NSWCA 89 Mulherin v Quinn Villages Pty Ltd [2007] QSC 231 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd (2003) 196 ALR 257; [2003] HCA 10 Sidameneo (No. 456) Pty Ltd v Alexander (No. 2) [2012] NSWCA 87 Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85; [2016] HCA 47 TEC Desert Pty Ltd v Commissioner of State Revenue (2010) 241 CLR 576; [2010] HCA 49 Troulis v Vamvoukakis [1998] NSWCA 237 Wang v Cai [2021] NSWSC 1162 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: N/A Category: Principal judgment Parties: Jimmie Carpenter (First Plaintiff) Tastex Pty Ltd (Second Plaintiff) Colin George Morris (First Defendant) Central West Granite Pty Ltd (Fourth Defendant) Grandee Quarries Australia Pty Ltd (Seventh Defendant) John Richard Dunkley (Eighth Defendant) Robyn Joyce Dunkley (Ninth Defendant) Representation: Counsel: Mr G Curtin SC (First and Second Plaintiffs) Mr P Tierney (First, Fourth and Seventh Defendants) Mr S Jayasuriya (Eighth and Ninth Defendants)