Shun Sheng Pty Ltd v Lei [2023] NSWSC 1176

Supreme Court New South Wales

Medium Neutral Citation: Shun Sheng Pty Ltd v Lei [2023] NSWSC 1176 Hearing dates: 14, 15, 16 and 18 August 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [296] Catchwords: PARTNERSHIPS AND JOINT VENTURES – dissolution – date of termination – parties agree that partnership terminated but disagree on date – insufficient evidence to establish terminated at earlier date – partnership taken to have been dissolved at later date PARTNERSHIPS AND JOINT VENTURES – winding up – taking of partnership accounts Legislation Cited: Evidence Act 1995, s 136 Partnership Act 1892, ss 39, 44 Cases Cited: Shazbot Pty Ltd v Warner Capital Pty Ltd [2018] NSWSC 1645 Shazbot Pty Ltd v Warner Capital Pty Ltd (No 2) [2019] NSWSC 1114 Warner Capital Pty Ltd v Shazbot Pty Ltd [2020] NSWCA 121 Watson v Foxman (1995) 49 NSWLR 315 Texts Cited: JD Heydon, Heydon on Contract (2019, Lawbook Co) Category: Principal judgment Parties: Shun Sheng Pty Limited (First Plaintiff) Sunshine Island (Aust) Pty Limited (Second Plaintiff) Xue Feng Wei (Third Plaintiff) Jun Lei (First Defendant) Theo Kitsos (Second Defendant)

Cross-Claim: Jun Lei (First Cross-Claimant) Theo Kitsos (Second Cross-Claimant) Shun Sheng Pty Limited (First Cross-Defendant) Xue Feng Wei (Second Cross-Defendant) Representation: Counsel: D Allen (Plaintiffs/Cross-Defendants) M S White SC/ B Adam (Defendants/Cross-Claimants)