Shanmugathaas v Paramanirupan [2018] NSWSC 1232

Supreme Court New South Wales

Medium Neutral Citation: Shanmugathaas v Paramanirupan [2018] NSWSC 1232 Hearing dates: 2, 4,10, 27 July 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Equity Before: Parker J Decision: 1. Declare that the partnership between the parties was dissolved by agreement of the parties on 10 July 2018.

2. Direct that, for the purposes of the valuation to be conducted in accordance with paragraph 5(c) of the orders made on 10 July 2018, the date of valuation shall be 13 March 2017. Catchwords: PARTNERSHIPS AND JOINT VENTURES – termination of partnership – date of termination – Partnership Act 1892 (NSW), s 32(b) - "single adventure or undertaking" defined by the agreement between the partners – partnership terminated following the sale of units in a property development according to a Joint Venture Agreement – termination date not affected by Deed of Settlement and Release

PARTNERSHIPS AND JOINT VENTURES – valuation of property – date of valuation – whether property to be valued at the date of the Joint Venture Agreement Legislation Cited: Partnership Act 1892 (NSW), ss 1, 32(b), 39 Cases Cited: United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 Texts Cited: Nil Category: Principal judgment Parties: Sivapragasam Shanmugathaas (First Plaintiff) Suganthiny Shanmugathaas (Second Plaintiff) Sathyanparamatheva Paramanirupan (First Defendant) Praveena Sathyanparamatheva (Second Defendant) Representation: Counsel: DS Weinberger (Plaintiffs)