Liquor National Wholesale Pty Ltd v The Redrock Co Pty Ltd [2009] NSWSC 1418

New South Wales Supreme Court

CITATION : Liquor National Wholesale Pty Ltd v The Redrock Co Pty Ltd [2009] NSWSC 1418 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 17, 18, 19, 23, 24 & 25 November 2009

JUDGMENT DATE : 16 December 2009

JUDGMENT OF : Hammerschlag J

DECISION : Plaintiff's claims are dismissed. Plaintiff to pay the costs of each of the defendants. The orders of Brereton J of 19 March 2007 are discharged.

CATCHWORDS : CONTRACTS - EQUITY – REMEDIES - joint venture – parties join together to market and distribute soft drinks in accordance with terms informally agreed – joint venture brought to an end after plaintiff disavows agreement - plaintiff seeks the appointment of a receiver to assets asserted to be jointly owned including business names, logo and customer information - plaintiff fails to establish that certain assets jointly owned and otherwise fails to establish that appointment of a receiver would be just or convenient – plaintiff barred from relief by unclean hands – plaintiff seeks equitable compensation from joint venture party equivalent to half the value of joint venture business on the basis that that party breached fiduciary duty by appropriating joint venture business to itself – held there was no joint venture business after plaintiff brought it to an end – plaintiff fails to establish joint venture business was of any value and in any event is barred from relief by unclean hands – plaintiff seeks equitable compensation from third party alleged to have participated in breach of fiduciary duty – plaintiff fails to establish any such participation or that any loss was caused by third party's conduct

CATEGORY : Principal judgment