Interior Marble Pty Ltd v Mondo Stone Pty Ltd [2004] NSWSC 918

New South Wales Supreme Court

CITATION : Interior Marble Pty Ltd v Mondo Stone Pty Ltd [2004] NSWSC 918 HEARING DATE(S) : 23 September 2004 JUDGMENT DATE : 6 October 2004 JURISDICTION: Equity Division JUDGMENT OF : Windeyer J at 1 DECISION : Notice of motion dismissed. No order as to costs and direction that no costs of the motion should be paid out of the assets of the partnership.

CATCHWORDS : PRACTICE AND PROCEDURE - partnership proceedings concluded by final orders - application by receiver and manager of partnership by motion in those proceedings for directions and extension of powers - motion dismissed as incompetent - PARTNERSHIP - application by receiver for advice and for directions - whether application by receiver appropriate CASES CITED : Kraft v Kupferwasser (1991) 23 NSWLR 236 Interior Marble Pty Limited (ACN 062 695 916) (First Plaintiff) PARTIES : The Stone Group Pty Limited (ACN 099 479 777) (Second Plaintiff) Mondo Stone Pty Limited (ACN 064 012 040) (Defendant) FILE NUMBER(S) : SC 5647 of 2003 Mr G Lucarelli (Applicant on notice of motion - mentions for Second and Third Respondents) COUNSEL : Mr R Ward (First Respondent on notice of motion) Mr M W Sneddon (Fourth Respondent on notice of motion) Cutler Hughes and Harris (Applicant on notice of motion) SOLICITORS : Bartier Perry (First Respondent on notice of motion) Gye Associate Lawyers (Fourth Respondent on notice of motion)

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IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

WEDNESDAY 6 OCTOBER 2004.

5647/03 INTERIOR MARBLE PTY LTD & ANOR V MONDO STONE PTY LIMITED