Gumbleton v Hewitt [2012] NSWSC 886

Supreme Court New South Wales

Medium Neutral Citation: Gumbleton v Hewitt [2012] NSWSC 886 Hearing dates: 13 July 2012 Decision date: 13 July 2012 Jurisdiction: Equity Division Before: Rein J Decision: 1. Partnership dissolved as and from 26 November 2010. 2. Under the circumstances, it is not appropriate to burden the partnership with costs for appointment of a receiver. Catchwords: PARTNERSHIP - rights and duties of partners inter se - where defendant removed money to which defendant was not entitled from partnership bank account -breach of partnership relationship or conduct justifying termination of the partnership

PARTNERSHIP - dissolution and winding up - by the court - where size of partnership is not substantial - where some partnership assets very likely could not be traced but in respect of which the plaintiff seeks no relief - where there is no appearance by the defendant - where neither party seeks appointment of receiver - not appropriate to appoint receiver Legislation Cited: Civil Procedure Act 2005 Partnership Act 1892 Cases Cited: Cuming v Hennessey [2005] NSWSC 1219 Daniels v Smith [2006] NSWSC 1424 Category: Principal judgment Parties: Edward Gary Gumbleton (Plaintiff) John Patrick Hewitt (Defendant) Representation: Counsel: D Mackay (Plaintiff) No appearance by the defendant Solicitors: McCartney Young Lawyers (Plaintiff) No appearance by the defendant File Number(s): SC 2011/362591