Gazzana v Santamaria [2015] NSWSC 916

Supreme Court New South Wales

Medium Neutral Citation: Gazzana v Santamaria [2015] NSWSC 916 Hearing dates: 29 to 30 June 2015 and 1 July 2015 Decision date: 13 July 2015 Jurisdiction: Equity Division Before: Ball J Decision: See paragraph 65 of this judgment. Catchwords: PARTNERSHIP – dissolution and winding up –dealings with partnership property – identification of partnership property – where partnership conducted through a company as agent for the partnership – whether either partner continued the business of the partnership after dissolution – Partnership Act 1892 (NSW) s 42 Legislation Cited: Partnership Act 1892 (NSW) Cases Cited: Blatch v Archer (1774) 1 Cowp 63 DP v Commonwealth Central Authority [2001] HCA 39; (2001) 206 CLR 401 Russo v Aiello [2003] HCA 53; (2003) 215 CLR 643 Ryder v Frohlich [2004] NSWCA 472 Young v Jackman (1986) 7 NSWLR 97 Category: Procedural and other rulings Parties: Antonio Gazzana (Plaintiff) Antonino Santamaria (First Defendant) Antonio Santamaria Excavation and Demolition Pty Ltd (Second Defendant) Representation: Counsel: C Bolger (Plaintiff) D Allen (Defendants)

Solicitors: Chatswood Law (Plaintiff) Russo & Partners (Defendants) File Number(s): 2013/52967 Publication restriction: None

Judgment

Introduction 1. These proceedings concern the winding up of a partnership carried on by the plaintiff and first defendant. On 17 September 2014, Darke J ordered by consent that a number of questions identified by the parties be determined separately and before any other trial of the proceedings. The questions concern the assets and liabilities of the partnership and whether the partners reached an agreement on their division. It was thought necessary for the court to answer those questions before the matter could be referred to a court appointed accounting expert to inquire and report on the assets and liabilities of the partnership and the amounts received by the partners. This judgment is concerned with the answers to the separate questions.