Page v McKensey [2008] NSWSC 147

New South Wales Supreme Court

CITATION : Page v McKensey [2008] NSWSC 147

HEARING DATE(S) : 7, 14 and 22 February 2008

JUDGMENT DATE : 28 February 2008

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Leave to applicants to enforce judgment and costs orders

CATCHWORDS : PARTNERSHIP - separation agreement entered into on retirement of two members of five member partnership - order for specific performance of separation agreement - whether judgment debt and claim for costs treated as assets of the partnership - whether effect of separation agreement amounted to equitable assignment of those assets to remaining partners - whether to assist in performance leave should be given to remaining partners to enforce costs order and judgment - CONTRACTS - joint creditors release of debt by two of five joint creditors - whether bound other three - JUDGMENTS AND ORDERS - judgment in favour of five defendants - whether joint judgment - whether severed by separation agreement on partnership dissolution - whether severed by bankruptcy of one joint creditor - whether leave should be given to three of five joint creditors to enforce judgment and orders for costs

LEGISLATION CITED : Partnership Act 1892 Supreme Court Act 1970

CATEGORY : Consequential orders

Australian Workers Union v Bowen (1946) 72 CLR 575 CASES CITED : Hewitt v McKensey & Ors [2003] NSWSC 1186 Wallace v Kensall (1840) 7 M&W 264; Wright v Gibbons (1949) 78 CLR 313 at 323

TEXTS CITED : Bacon's Abridgement Vol 5 Release D Butt P, Land Law, 5th Ed (2006), par 1463

Geoffrey Francis Page (Plaintiff/Respondent) Hugh Stanley McKensey (First Defendant/First Applicant) PARTIES : Victor John Lewis (Second Defendant/Second Applicant) Phillip Anthony Nelson (Third Defendant/Second Respondent) Christopher Michael Hewitt (Fifth Defendant/Third Respondent) Peter Charles Hicks (Fourth Defendant/Third Applicant)