NSW Caselaw
New South Wales Supreme Court
CITATION : Daniels & Anor v Smith [2006] NSWSC 1424 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 13 September 2006 JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 09/13/2006
DECISION : Order that receiver be appointed and partnership accounts taken. Reserve further consideration of whether taking of accounts should be referred to receiver. ; Costs of both parties to be paid out of partnership assets
CATCHWORDS : PARTNERSHIP - Dissolution – appointment of receiver – ordinary rule that where partnership and dissolution not in contest receiver will be appointed - discretion - where limited assets – where no practical alternative - COSTS – Partnership dispute - ordinary rule that costs be paid out of partnership assets
LEGISLATION CITED : Partnership Act 1892 (NSW), ss 33(1), 39
Cuming v Hennessy [2005] NSWSC 1219 (28 November 2005) Davey v Donnelly (Supreme Court of New South Wales, McLelland J, unreported, 16 May 1991 - BC9101992) CASES CITED : Fitz-Gibbon v Khoury, (Supreme Court of New South Wales, Powell J, unreported, 1 March 1985) Hamer v Giles [1879] 11 Ch D 942 Rowlands v MacDonald [2002] NSWSC 282 Tate v Barry (1928) 28 SR (NSW) 380
Michelle Daniels (first plaintiff) PARTIES : David Duarte (second plaintiff) Lynette Smith (defendant)
FILE NUMBER(S) : SC 4559/06
COUNSEL : Mr A J Bulley (plaintiffs) Ms E C Kennedy (defendant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate