Hungerford v Richardson [2018] NSWSC 1543

Supreme Court New South Wales

Medium Neutral Citation: Hungerford v Richardson [2018] NSWSC 1543 Hearing dates: 6 August 2018 Date of orders: 16 October 2018 Decision date: 16 October 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Certify that the amount payable by the first defendant to the plaintiff upon dissolution of their partnership was $704,263.91. (2) Give judgment that the first defendant pay the plaintiff the sum of $704,263.91. (3) Order that the costs of the taking of accounts and the hearing before Ward CJ in Eq be borne by the parties as to 40% by the plaintiff and as to 60% by the first defendant (and in the first instance out of any remaining partnership assets). Catchwords: PARTNERSHIPS AND JOINT VENTURES – dissolution and winding up – taking of accounts – surcharges Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Limitation Act 1969 (NSW), s 14 Partnership Act 1890, 53 & 54 Vict, c 39, s 44 Partnership Act 1892 (NSW), ss 20(1), 24(1), 44 Property, Stock and Business Agents Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 46.7, 46.8 Cases Cited: Behm v Bartels (1988) 14 NSWLR 432 Brown v De Tastet (1821) Jac 284; 37 ER 858 Cavasinni v Cavasinni [2007] NSWSC 619 Chan v Zacharia (1984) 154 CLR 178; [1984] HCA 36 Eastlake v Eastlake [2015] NSWSC 1772 Gray v BNY Trust Company of Australia Ltd [2009] NSWSC 789 Hamer v Giles; Giles v Hamer (1879) 11 Ch D 942 Hungerford (by his tutor Ahadizadeh) v Richardson [2017] NSWSC 297 Hurst v Bryk [2002] 1 AC 185 James v Greenwood (1871) 2 AJR 14 Obol Pty Ltd v Gregory Fisk [2007] NSWSC 912 Pit v Cholmondeley (1754) 2 Ves Sen 565; 28 ER 360 Queensland Trustees Ltd v Fawckner [1964] Qd R 153 Texts Cited: Fletcher, The Law of Partnership in Australia (Lawbook Co, 9th edn, 2007) I'Anson Banks (ed), Lindley & Banks on Partnership (Thomson Reuters, 20th edn, 2017) Nevill & Ashe, Equity Proceedings with Precedents (NSW) (Butterworths, 1981) Ritchie's Uniform Civil Procedure NSW Category: Principal judgment Parties: Adrian Derek Hungerford by his tutor Kambiz Ahadizadeh (Plaintiff) Deborah Anne Richardson (First Defendant) Endjade Pty Ltd (Second Defendant) Graeme Robert McDougall (Third Defendant) Representation: Counsel: G R Waugh SC (Plaintiff) D A Richardson (Self-represented)