Knighton & Felician Investments Pty Limited v Zisis & Zisis Dental Ceramics Pty Limited [2007] NSWSC 139

New South Wales Supreme Court

CITATION : Knighton & Felician Investments Pty Limited v Zisis & Zisis Dental Ceramics Pty Limited [2007] NSWSC 139

HEARING DATE(S) : 27/02/2007

JUDGMENT DATE : 1 March 2007

JUDGMENT OF : Associate Justice Malpass

DECISION : The time for the filing of the Summons is extended up to and including 17 August 2006. The decisions of and any orders made by Mr Bradd LCM are set aside. The matter is remitted to the Local Court for determination according to law. The Cross-Summons is dismissed. The defendants are to pay the costs of the proceedings. If so entitled, they are to have a Certificate under the Suitors' Fund Act.

CATCHWORDS : Partnership - sale of interest - claim pursuant to agreement of sale - misdirection (claim erroneously determined on basis not in issue between the parties) - final settlement of account - extension of time.

LEGISLATION CITED : Partnership Act 1892 (NSW) Suitors' Fund Act 1951 (NSW)

CASES CITED : Moravia v Levy (1786) 2 Term Rep 483 Phoenix Freight Systems Pty Ltd v Seko Air Freight Inc (1995) 17 ACSR 754

PARTIES : Paul Knighton and Felician Investments Pty Limited Zisis and Zisis Dental Ceramics Pty Limited

FILE NUMBER(S) : SC 14052/06

COUNSEL : Mr G. Bateman (Pl) Mr C. Mantziaris (Def)

SOLICITORS : Helliars City Solicitors (Pl) Tonkin Drysdale Partners Solicitors (Def)

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 6519/04

LOWER COURT JUDICIAL OFFICER : Bradd LCM

LOWER COURT DATE OF DECISION : 19/05/2006

LOWER COURT MEDIUM NEUTRAL CITATION : Paul Knighton and Felician Investments P/L v Paul Zisis and Dental Ceramics P/L