NSW Caselaw
New South Wales Supreme Court
CITATION : Cavasinni v Cavasinni [2006] NSWSC 755
HEARING DATE(S) : 6 and 7 September, 1, 2, and 3 December 2004, 4 and 5 April, 16 May, 26 August, 14 December 2005 (written submissions to 10 February 2006)
JUDGMENT DATE : 28 July 2006
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : Subject to correction of any arithmetical errors, I express my conclusions as follows: (1). Upon inquiry, I find that the sum of $154,907 is due by the Cross-Defendant to the Cross-Claimants, and that the Second Cross-Claimant is entitled to interest in the sum of $242,378 from the First Cross-Claimant and the Cross-Defendant. (2). I refer the matter to Mr. Justice Young to deal with costs.
CATCHWORDS : Partnership. Inquiry. Indebtedness of one partner to other partners. Entitlement to interest by partner who contributes more than his share to partnership.
LEGISLATION CITED : Partnership Act 1892
CASES CITED : Jones v Dunkel (1959) 101 CLR 298
Ferdinando Cavasinni (Plaintiff and Cross-Defendant) PARTIES : Michael Cavasinni (First Defendant and First Cross-Claimant) Francesco Cavasinni (Second Defendant and Second Cross-Claimant)
FILE NUMBER(S) : SC 3225 of 1998
COUNSEL : Mr. F. Carnovale (Plaintiff and Cross-Defendant) Mr. D. Raphael (First and Second Defendants and First and Second Cross-Claimants)
SOLICITORS : A. B. Mezzanotte (Plaintiff and Cross-Defendant) Costa & Associates (First and Second Defendants and First and Second Cross-Claimants)
- 25 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
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