White & Anor v Thompson & Ors [2009] NSWSC 1103

New South Wales Supreme Court

CITATION : White & Anor v Thompson & Ors [2009] NSWSC 1103

HEARING DATE(S) : 7 - 9 October 2009

JUDGMENT DATE : 15 October 2009

JURISDICTION : Equity

JUDGMENT OF : Windeyer AJ

DECISION : Proceedings dismissed with costs.

CATCHWORDS : EQUITY – Joint Venture – Fiduciary relationships – Proceeds of joint venture used to pay purchase price of property purchased by one joint venturer and his wife – Whether other joint venturers could claim that property held as a joint venture asset. - ESTOPPEL – Other proceedings determined in which the purchase moneys treated in the joint venture accounts as a drawing by one joint venturer recognised as such in the partnership accounts – Whether plaintiffs estopped from making proprietary claim – Whether if both claims for debt and proprietary interest made plaintiffs would have to elect for one and the other would merge in judgment with one elected – Whether addition of additional party as defendant who was not a party to accounts proceedings bore on the estoppel.

CATEGORY : Principal judgment

MCC Proceeds Inc v Lehman Bros International (Europe) [1998] 4 All ER 875 Morris v Wentworth-Stanley [1999] 2 WLR 470 CASES CITED : Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Reichel v Magrath (1889) 14 App Cas 665 Rippon v Chilcotin [2001] NSWCA 142

Julian John White (P1) Romeo Medina Libut (P2) PARTIES : Byron Ward Thompson (D1) Jennifer Joy Thompson (D2) Paul Weston as Trustee of the Bankrupt Estate of Byron Ward Thompson (D3)

FILE NUMBER(S) : SC 4817/08

In person (P1&2) COUNSEL : N A Cotman SC (D1&3) G A Rich (D2)