Linfox v Ellul & Ors [2004] NSWSC 276

New South Wales Supreme Court

CITATION : Linfox v Ellul & Ors [2004] NSWSC 276 HEARING DATE(S) : 24, 25, 26 February, 2, 3, 4 March 2004 JUDGMENT DATE : 8 April 2004 JURISDICTION: Common Law Division JUDGMENT OF : Studdert J DECISION : (1) Verdict and judgment for the plaintiff against the first and third defendants, in the sum of $257,856, inclusive of interest. (2) Verdict and judgment for the plaintiff against the second defendant, in the sum of $9900. (3) Verdict and judgment for the plaintiff on each of the cross claims brought against it by the first defendant and the third defendant. (4) On the cross claim by the third defendant against the first defendant, I publish my findings and the reasons for them, and invite the parties to this cross claim to agree upon appropriate short minutes of orders. The matter will be relisted on a date to be arranged with my associate either to make orders pursuant to such minutes or, in the absence of agreement, to hear submissions as to orders then sought by the third defendant. (5) At the request of the parties, costs are reserved, and the matter may be relisted on a date to be arranged with my associate, either to make orders pursuant to short minutes then consented to, or, in the absence of agreement, to hear submissions as to appropriate orders as to costs.

LEGISLATION CITED : Partnership Act, ss 10, 12 Australian Broadcasting Commission v Australian Performing Right Association (1972) 129 CLR 99 Biscayne Partners Pty Limited v Valance Corporation Pty Limited [2003] NSWSC 874 BP Refinery (Western Port) Pty Limited v Shire of Hastings (1977) 180 CLR 266 Briginshaw v Briginshaw (1938) 30 CLR 336 CASES CITED : Gray v Motor Accidents Commission (1998) 196 CLR 1 Harris v Digital Pulse Pty Limited (2003) 56 NSWLR 298 Hide and Skin Trading Pty Limited v Oceanic Meat Traders Limited (1990) 20 NSWLR 310 Lindley & Banks on Partnership, 18th ed., 20-13 National Commercial Banking Corporation of Australia Limited v Batty (1986) 65 ALR 385 Walker & Ors v European Electronics Pty Limited (1990) 23 NSWLR 1 Linfox Transport (Australia) Pty Limited (Plaintiff) PARTIES : Philip Ellul (First Defendant) William Cassar (Second Defendant) Diana Ellul (Third Defendant) FILE NUMBER(S) : SC 10540/01 A. Moses/A. Metcalfe (Plaintiff) COUNSEL : P. Little (First Defendant) In person (Second Defendant) L. Tyndall (Third Defendant) Corrs Chambers Westgarth (Plaintiff) SOLICITORS : Geoffrey Edwards & Co. (First Defendant) Home Wilkinson Lowry (Third Defendant)