Anderson Group v Davies [2001] NSWSC 356

Reported Decision : (2001) 19 ACLC 1112

New South Wales Supreme Court

CITATION : Anderson Group v Davies [2001] NSWSC 356 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1482/01 HEARING DATE(S) : 28/03/01, 30/04/01 JUDGMENT DATE : 7 May 2001

The Anderson Group Pty Limited (In Liquidation) - Plaintiff PARTIES : Kenneth Alexander Davies - First Defendant Sandra Louise Davies - Second Defendant North Wollongong Hotel Pty Limited - Third Defendant JUDGMENT OF : Barrett J

COUNSEL : Mr A. Lo Surdo - Plaintiff Mr P.B. Walsh - Defendants SOLICITORS : The Argyle Partnership - Plaintiff Maguire & McInerney - Defendants CATCHWORDS : PARTNERSHIP - Whether partnership dissolved by winding up of corporate partner - Winding-up not "bankruptcy" for purposes of Partnership Act, s.33(1) - Appointment of receiver to wind up partnership LEGISLATION CITED : Partnership Act 1892 Octavo Investments Pty Ltd v Knight (1979) 144 CLR 360 Davies v Barlow (1881) 2 LR (NSW) 66 Tate v Barry (1928) 28 SR (NSW) Fitz-Gibbon v Khoury, NSWSC, 1 March 1985 CASES CITED : The Laws of Australia "Business Organisations" Banks, Lindley and Banks on Partnership (17th Edition) Lindley on Partnership (5th Edition) Palmer's Company Precedents (4th Edition) DECISION : 1. A declaration that the partnership between the plaintiff, the first defendant and the second defendant styled North Wollongong Hotel Partnership was dissolved on 5 February 2001; 2. Orders in terms of paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of the Summons; 3. An order that execution of the orders in item 2 above be stayed pending determination of proceedings 2210/01 or until further order; 4. Liberty for either party to restore the matter to the list on two days' notice to the other party; 5. An order that the defendants pay the plaintiff's costs.