Paltos v Milevski [2023] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Paltos v Milevski [2023] NSWCA 7 Hearing dates: 21 September 2022 Date of orders: 10 February 2023 Decision date: 10 February 2023 Before: Macfarlan JA at [1]; Kirk JA at [72]; Basten AJA at [73] Decision: (1) Dismiss the appeal, with costs. (2) Dissolve the stay granted on 15 August 2022, of the judgment and orders below. (3) Order that the sum of $25,000 paid by the appellant by way of security for costs of the appeal be released to the respondent. Catchwords: PARTNERSHIPS AND JOINT VENTURES —winding up of two person solicitors' partnership — many partnership assets transferred by receivers to new firm established by one former partner — held that goodwill not transferred as no continuity of business — in any case, goodwill claim erroneously based on assumption that hypothetical purchaser would have benefit of broad non-compete covenant by former partners Cases Cited: Admiral International Pty Ltd [2022] NSWCA 277 Alcock v Robb (1978) 2 BPR 9625 Bartier Perry v Paltos [2021] NSWCA 158 Chia v Ireland [2000] SASC 47 Commissioner of Taxation v Murry (1998) 193 CLR 605; [1998] HCA 42 Geraghty v Minter (1979) 142 CLR 177; [1979] HCA 42 Inland Revenue Commissioners v Muller & Co's Margarine Ltd (1901) AC 217 McFadden v Commissioner of Stamp Duties (NSW) (1980) 11 ATR 1 Old v McInnes and Hodgkinson [2011] NSWCA 410 Page v McKensey (Supreme Court of New South Wales, 17 December 1993) Placer (Granny Smith) v Thiess Contractors [2003] HCA 10; (2003) 77 ALJR 78 Ryder v Frohlich [2004] NSWCA 472 Commissioner of State Revenue (WA) v Placer Dome Inc (2018) 265 CLR 585; [2018] HCA 59 Trego v Hunt (1896) AC 7 Walker v Martin (unreported, 23 December 1993) Woolworths Group Ltd v Gazcorp Pty Ltd [2022] NSWCA 19 Category: Principal judgment Parties: Dennis Paltos (Appellant) Peter Milevski (Respondent) Representation: Counsel: Q Rares / N Bailey (Appellant) C D Wood SC (Respondent)