Kang-Kem v Paine [2004] NSWSC 3

New South Wales Supreme Court

CITATION : Kang-Kem v Paine [2004] NSWSC 3 HEARING DATE(S) : 08/10/03, 09/10/03, 21/11/03 JUDGMENT DATE : 3 February 2004 JURISDICTION: Equity Division JUDGMENT OF : Barrett J DECISION : Application for declarations as to existence of partnership and consequential orders dismissed with costs

CATCHWORDS : PARTNERSHIP - generally - whether partnership exists - whether business carried on in common - no question of principle LEGISLATION CITED : Partnership Act 1892, ss.1, 2 CASES CITED : The Duke Group Ltd v Pilmer (1999) 73 SASR 64 PARTIES : Kem Weichoreak Kang-Kem - Plaintiff Marilyn Jean Paine - Defendant FILE NUMBER(S) : SC 4091/03 COUNSEL : Mr J T Johnson - Plaintiff Mr J E Thomson - Defendant SOLICITORS : Harris Wheeler - Plaintiff Sparke Helmore - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BARRETT J

TUESDAY, 3 FEBRUARY 2004

4091/03 – KEM WEICHOREAK KANG-KEM v MARILYN JEAN PAINE

JUDGMENT 1 By his summons filed on 1 August 2003, the plaintiff claims:

(a) a declaration that the plaintiff and the defendant commenced trading as a partnership in 1992;

(b) a declaration that the partnership continues;

(c) a declaration that the restaurant known as Milano Junction Café Restaurant at The Junction, Newcastle (which I shall call "the Junction restaurant") and the lease of the premises are assets of the partnership;

(d) a declaration that the restaurant known as Milano's on the Lake at Pelican on Lake Macquarie (which I shall call "the Lake restaurant") and the sublease of the premises are assets of the partnership; and