Noss v Smith; Smith v Noss [2004] NSWSC 538

New South Wales Supreme Court

CITATION : Noss v Smith; Smith v Noss [2004] NSWSC 538 revised - 02/07/2004 HEARING DATE(S) : 8/12/03, 9/12/03, 10/12/03, 12/12/03, 8/06/04, 9/06/04, 11/06/04 JUDGMENT DATE : 24 June 2004

JUDGMENT OF : Gzell J DECISION : Work in progress of each party introduced to partnership as assets of equal value. Receiver's report rejected. Accounts and inquiry to be conducted by Master. No causal connection established between alleged misrepresentations and entry into partnership. No additional loss or damage from alleged breach of fidcuciary duty. Proceedings on both sides otherwise dismissed.

CATCHWORDS : PARTNERSHIPS - Dissolution and Winding Up - Whether work in progress of each party introduced as partnership assets of equal value - Partners retention of files after dissolution - Receiver's report based on sample of files - Whether report should be accepted or an account and inquiry taken by Master - Whether parties liable to damages for misleading or deceptive conduct by misrepresentation inducing each to enter into partnership under the Fair Trading Act 1987, s 68(1) - Whether any additonal loss or damage arose from alleged breach of fiduciary duty LEGISLATION CITED : Fair Trading Act 1987 CASES CITED : Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Stephen Thomas Frere Noss - Plaintiff in Matter 1101/01 PARTIES : Bronwyn Smith - Defendant in Matter 1101/01 Bronwyn Smith - Plaintiff in Matter 3697/01 Stephen Thomas Frere Noss - Defendant in Matter 3697/01 FILE NUMBER(S) : SC 1101/01; 3697/01 COUNSEL : Mr C A Sweeney QC with Mr W Hodgekiss for Mr Stephen Thomas Frere Noss Mr P R Graham QC for Ms Bronwyn Smith SOLICITORS : Stephen Noss & Associates Versace McKenzi Lawyers