Singh v Singh [2024] NSWSC 932

Supreme Court New South Wales

Medium Neutral Citation: Singh v Singh [2024] NSWSC 932 Hearing dates: 29 July 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Direct the parties to confer to seek to agree orders for the winding up of the Partnership in accordance with these reasons and to seek to agree an appropriate order as to costs. (2) Direct the parties to provide to the chambers of Pike J by email by no later than 13 August 2024 any agreed orders. (3) Direct each party, to the extent that they are unable to agree orders, to provide to the chambers of Pike J by no later than 13 August 2024, the orders for which they contend together with any submissions in support of these orders, such submissions not to exceed 5 pages, whereupon any disputed issues will be determined on the papers. Catchwords: PARTNERSHIPS – dissolution of partnerships – where partners operated separate and individual farming businesses – whether sale of property to partners within partnership is the most advantageous outcome for the partnership – where plaintiffs jointly hold an 80% interest in the property – where Court not satisfied in the exercise of its discretion to grant a buyout order – receiver appointed for the sale of the property and partnership assets Legislation Cited: Corporations Act 2001 (Cth), s 420 Partnership Act 1892 (NSW), ss 1(1) and 35 Cases Cited: Calacoci v Calacoci [2020] NSWSC 476 Cavasinni v Cavasinni [2007] NSWSC 619 Commissioner of State Revenue v Rojoda Pty Ltd (2020) 268 CLR 281 Lucas v Lucas [1962] Qd R 205 Pirrottina v Pirrottina [2024] NSWSC 558 Texts Cited: Nil Category: Principal judgment Parties: Labh Singh (First Plaintiff/First Cross-Defendant) Baljeet Singh (Second Plaintiff/Second Cross-Defendant) Jaswant Singh (Third Plaintiff/Fourth Cross-Defendant) Rajvinder Kaur Singh (Fourth Plaintiff/Third Cross-Defendant) Jasvir Kaur Tiwana (Fifth Plaintiff/Fifth Cross-Defendant) Manjit Singh Tiwana (Sixth Plaintiff/Sixth Cross-Defendant) Estate of the Late Manjit Kaur Singh (Seventh Plaintiff/Seventh Cross-Defendant) Paramjit Singh (Eighth Plaintiff/Eighth Cross-Defendant) Rashpal Kaur Singh (First Defendant/First Cross-Claimant) Phoola Singh (Second Defendant/Second Cross-Claimant) Representation: Counsel: B May (Plaintiffs/Cross-Defendants) Self-represented (assisted by H Atwal by leave) (Defendants)