NSW Caselaw
New South Wales Supreme Court
CITATION : Rahman v Ahmed [2009] NSWSC 1028
HEARING DATE(S) : 31 August 2009
JUDGMENT DATE : 31 August 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 31 August 2009
DECISION : A declaration that the plaintiff and the defendant carried on the business known as "Bexley Petroleum" as a partnership; a declaration that the partnership was terminated on 7 February 2006; defendant ordered to pay the plaintiff's costs of the proceedings; taking of partnership accounts; and other consequential orders made related to the taking of accounts - submissions ordered about precise form of costs assessment under s 98 (4) Civil Procedure Act 2005.
CATCHWORDS : PARTNERSHIP - dissolution and winding up - declaration partnership terminated - taking of accounts - COSTS - defendant to pay plaintiff's costs - unreasonable conduct by defendant - plaintiff likely to succeed at trial
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Principal judgment
Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 at 201 Curac v Morey-Hype [2006] NSWSC 1171 Craft v Kupferwasser (1991) 23 NSWLR 236 CASES CITED : Hamer v Giles [1879] 11 Ch D 942 Kardos v Sarbutt No 2 [2006] NSWCA 206 Re: The Minister for Immigration and Ethnic Affairs and the Commonwealth of Australia ex parte Lia Qin (1997) 186 CLR 622 Slim v Kabra [2006] NSWSC 837 Wayne Terry Kerr v JP & M Kerr (Billabidgee) Pty Ltd [2006] NSWSC 1044
PARTIES : Plaintiff: Mojibor Rahman Defendant: Fuad Ahmed
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