Rockdale West Newsagency v Kumar [2010] NSWSC 71

New South Wales Supreme Court

CITATION : Rockdale West Newsagency v Kumar [2010] NSWSC 71

HEARING DATE(S) : 12 February 2010

JUDGMENT DATE : 12 February 2010

JUDGMENT OF : Bryson AJ at 1

EX TEMPORE JUDGMENT DATE : 12 February 2010

DECISION : Upon the amended statement of claim I give judgment against the second plaintiff and in favour of the defendants on claims 6, 6A and 6B with costs. On the amended cross-claim I give judgment for the cross-defendants.

CATCHWORDS : PARTNERSHIP - Accounts _ Partnership or joint venture in suburban newsagency governed by home-made written agreement - Partnership assets held through vehicle of company - Plaintiff to be manager but left after six months with agreed drawings unpaid - defendants partners provided finance, took over and conducted the business for four years until company wound-up for unpaid debt - Plaintiff claimed accounts and other claims - HELD on the facts there were not sufficient prospects of a result favourable to the plaintiff to justify ordering accounts to be taken.

CATEGORY : Principal judgment

ROCKDALE WEST NEWSAGENCY PTY LTD (ACN 111 173 507) (first plaintiff/ first cross-defendant) PARTIES : Chiman VASRAM (second plaintiff/ second cross-defendant)) Satendra KUMAR (first defendant/ second cross-claimant)) Amita KUMAR (second defendant/ first cross-claimant)

FILE NUMBER(S) : SC 2008/00280107

C VASRAM (second plaintiff / second cross-defendant in Person) COUNSEL : Amita KUMAR (second defendant/ first cross-claimant in Person) ROCKDALE WEST NEWSAGENCY PTY LTD (ACN 111 173 507) in liquidation (first plaintiff/ first cross-defendant) (Ms A CHAU for Liquidator)