Bonzalie v Cullu [2013] NSWSC 1576

Supreme Court New South Wales

Medium Neutral Citation: Bonzalie v Cullu [2013] NSWSC 1576 Hearing dates: 4 September 2013 Decision date: 31 October 2013 Before: Robb J Decision: (1)Declaration that the partnership between the plaintiff and the defendant constituted by the partnership agreement entered in or about March 2010 was terminated on 25 October 2010. (2)Order that the plaintiff pay to the defendant the sum of $52,000. (3)-(8)Provisionally make orders set out in par 122 of these reasons for judgment. (9)Order the plaintiff to pay the defendant's costs of the proceedings to date. (10)Order the plaintiff to pay the defendant's costs of and thrown away by the discontinuance by the plaintiff of his claim against the defendant for misleading and deceptive conduct. Catchwords: PARTNERSHIP - termination of partnership - construction of partnership agreement - taking of partnership accounts - entitlements of partner on dissolution of partnership. Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 Partnership Act 1892 Uniform Civil Procedure Rules 2005 Cases Cited: Adicho v Dankeith Homes Pty Ltd [2012] NSWCA 316 Lang v Simon (1952) 53 SR (NSW) 508 Nabeth Taleb v National Australia Bank Ltd [2011] NSWSC 1562 Rapid Metal Developments (Australia) Pty Ltd v Rosato [1971] Qd R 82 Robert Mark Walker v Rodney Derane Melham [2007] NSWSC 264 Rockhampton Permanent Building Society v Petersen (1986) 1 Qd R 128 Ryder & 1 Ors v Frohlich & 1 Ors [2004] NSWCA 472 Sharpe v Goodhew, Federal Court of Australia, unreported, 11 December 1992 Zisis v Knighton [2008] NSWCA 42 Texts Cited: Fletcher, The Law of Partnership in Australia, 9th edition (2007), Lawbook Co. Category: Principal judgment Parties: Eddie Bonzalie (Plaintiff and Cross Defendant) Hattice Cullu (Defendant and Cross Claimant) Representation: Counsel: D Ash (Plaintiff and Cross Defendant) M Sahade (Defendant and Cross Claimant) Solicitors: Joe Weller & Associates (Plaintiff and Cross Defendant) Hakki Nami Solicitors (Defendant and Cross Claimant) File Number(s): 2012/89423