Zisis v Knighton [2008] NSWCA 42

New South Wales Court of Appeal

CITATION: Zisis v Knighton [2008] NSWCA 42 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26 February 2008

JUDGMENT DATE: 1 April 2008

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 6; McColl JA at 11

DECISION: 1. Leave to appeal granted. 2. Appellants to file the Notice of Appeal within seven days. 3. Appeal dismissed. 4. Appellants to pay the respondents' costs of the appeal.

CATCHWORDS: PARTNERSHIP – sale of interest in partnership pursuant to agreement of sale – agreement of sale providing for purchaser to account to vendor for half of debts owing to business at time of completion – claim for money due under agreement – whether agreement on stated and settled account – held yes - LOCAL COURT – jurisdiction – whether proceedings in nature of action for accounts – held no.

Local Courts Act 1982 Local Court Act 2007 Civil Procedure Act 2005 LEGISLATION CITED: Partnership Act 1892 (NSW) Partnership Act 1891 (Tas) Suitors' Fund Act 1951 Uniform Civil Procedure Rules (2005)

CATEGORY: Principal judgment

Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Dillon v Dillon (Supreme Court of Tasmania, Full Court, 17 February 1986, unreported, BC8600040) Glover v Australian Ultra Concrete Floors Pty Ltd [2003] NSWCA 80 Knighton & Felician Investments Pty Limited v Zisis & Zisis Dental Ceramics Pty Limited [2007] NSWSC 139 CASES CITED: Knighton & Felician Investments Pty Limited v Zisis & Zisis Dental Ceramics Pty Limited (Local Court of New South Wales, Bradd LCM, 20 June 2006) McDonald v Dennys Lascelles Ltd [1933] HCA 25; (1933) 48 CLR 457 Moravia v Levy (1786) 2 Term Rep 483; 100 ER 260 Nowlan v Marson Transport Pty Ltd [2001] NSWCA 346; (2001) 53 NSWLR 116 Phoenix Freight Systems Pty Ltd v Seko Air Freight Inc (1995) 17 ACSR 754 Spain v Union Steamship Co of New Zealand Ltd [1923] HCA 21; (1923) 32 CLR 138