Thomas Charles Reed v Paul Lambert & Anor [2012] NSWSC 50

Supreme Court New South Wales

Medium Neutral Citation: Thomas Charles Reed v Paul Lambert & Anor [2012] NSWSC 50 Hearing dates: 29.08.11, 30.08.11, 31.08.11, 01.12.11 Decision date: 10 February 2012 Before: Nicholas J Decision: Par 28 Catchwords: PARTNERSHIP - dissolution - dispute as to share of partnership profits upon dissolution - turns on facts - no questions of principle Legislation Cited: Civil Procedure Act 2005 Partnership Act 1892 Uniform Civil Procedure Rules 2005 Cases Cited: Briginshaw & Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Cubillo v Commonwealth of Australia [2000] FCA 1084; (2000) 103 FCR 1 Category: Principal judgment Parties: Thomas Reed - plaintiff Paul Francis Lambert - first defendant Mortgage Quick Pty Ltd - second defendant Representation: Counsel: A Korakis - plaintiff B Levet - defendants Solicitors: Taitz Solicitors - plaintiff Kinghan & Associates - defendants File Number(s): 09/287080 Publication restriction:

Judgment 1These proceedings arise out of a dispute between the plaintiff and the first defendant following the dissolution, on 1 April 2008, of their partnership in a real estate business. 2During the hearing disputed issues were narrowed which resulted in the following: (1)On 29 August 2009, by consent, declarations were made that: (a)The relationship between the plaintiff and the first defendant was conducted as a partnership within the meaning of the Partnership Act 1892; (b)It was agreed between the first defendant and the plaintiff that the second defendant be utilised as an instrument of the partnership. (2)On 30 August 2011 Mortgage Quick Pty Ltd, the second defendant and second cross-claimant, discontinued its cross-claim against the plaintiff, without objection. On 1 December 2011 the plaintiff, by consent, discontinued his claim against the second defendant. The case proceeded on the basis that the court had dispensed with the requirement for filing a notice of discontinuance under Uniform Civil Procedure Rules 2005 Pt 12, r 12.1. (3)On 1 December 2011 the cross-claim of the first defendant and first cross-claimant was abandoned, and dismissed. 3The issue which remained for determination in these proceedings was the plaintiff's claim against the first defendant for payment of the amount of $42,920.55, with interest, being the amount claimed to be payable as the plaintiff's one half share of the profits of the partnership upon its dissolution.