NSW Caselaw
New South Wales Supreme Court
CITATION : Ryder v Frohlich [2006] NSWSC 833
HEARING DATE(S) : 6, 7 and 8 March 2006 and 12 May 2006.
JUDGMENT DATE : 18 August 2006
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : I determine that: (a) As at the date of termination of the partnership (being 2 March 2001) (i) The partnership had no assets, and the value of the partnerships assets was nil; (ii) No moneys were owing to Mr. Ryder referrable to the value of the business as at 2 March 2001, and Mr. Ryder owed moneys to Mr. Frohlich. (b) Mr. Ryder is indebted to Mr. Frohlich in the sum of $29,650. (2). I refer the matter to the Court of Appeal to deal with the costs of the proceedings before me, and to make final orders consequent upon my foregoing determinations.
CATCHWORDS : Partnership. Inquiry as to nature and value of partnership assets. Business of partnership. Hedge fund. Indebtedness of one partner to the other.
LEGISLATION CITED : Corporations Act 2001
Nicholas John Ryder (First Plaintiff) PARTIES : Protected Equity Investments Pty Limited (ACN 086 671 516) (Second Plaintiff) Peter Frohlich (First Defendant) Coastal Capital Limited (ACN 061 336 445) (Second Defendant)
FILE NUMBER(S) : SC 2314 of 2003
COUNSEL : Mr. M. Young (Plaintiffs) Mr. R. McHugh (Defendants)
SOLICITORS : Grahame Jackson & Associates (Plaintiffs) Speed and Stracey (Defendants)
- 23 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
Friday, 18 August 2006
2314 of 2003 - NICHOLAS JOHN RYDER and ANOR –v- PETER FROHLICH and ANOR
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