Way v Bowling [2024] NSWSC 986

Supreme Court New South Wales

Medium Neutral Citation: Way v Bowling [2024] NSWSC 986 Hearing dates: 22, 23, 24 and 25 July Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Proceedings dismissed with costs. (2) Parties to bring in short minutes of order by 4:00PM on Friday, 23 August 2024, dealing with the payment of funds out of Court. Catchwords: CONTRACTS – Formation – Existence of contract – Whether parties contracted into lottery syndicate at relevant time – Where one party found to have left lottery syndicate – Where no contract existed at the relevant time EQUITY — Trusts and trustees – Whether express trust created for lottery syndicate – Where lottery syndicate had ended EQUITY — Trusts and trustees – Common intention constructive trust – Where lottery syndicate had ended and no common intention to continue legal relationship PARTNERSHIPS AND JOINT VENTURES — Existence of partnership — Carrying on business in common – Where no business was being carried on Legislation Cited: Partnership Act 1892 (NSW), s 1 Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Brendan Wilfred King v Robert Lawrence Adams [2016] NSWSC 1798 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78 Van Rassel v Kroon (1953) 87 CLR 298; [1953] HCA 3 Category: Principal judgment Parties: Alan Way (Plaintiff) Mark Peter Bowling (First Defendant) Moya Posar (Second Defendant) Representation: Counsel: D P O'Connor/S Scott (Plaintiff) P Batley/B Prentice-Davidson (Defendants)