Griffiths as trustee for the Griffiths HWL Practice Trust v Martinez as trustee for the Martinez HWL Practice Trust as representative of the partners trading as HWL Ebsworth Lawyers [2019] NSWSC 664

Supreme Court New South Wales

Medium Neutral Citation: Griffiths as trustee for the Griffiths HWL Practice Trust v Martinez as trustee for the Martinez HWL Practice Trust as representative of the partners trading as HWL Ebsworth Lawyers [2019] NSWSC 664 Hearing dates: 31 October, 1-2, 19, 29-30 November, 14 December 2018 Date of orders: 06 June 2019 Decision date: 06 June 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Enter judgment for the plaintiff against the defendant for damages of $450,000.

(2) Order the defendant to pay the plaintiff's costs of the proceedings, without varying any other costs order that has already been made in these proceedings. Catchwords: CONTRACTS — Construction — Principles of interpretation relating to construction of partnership deed — Additional requirements for partners to vary constituent documents — Whether variation effected by consent within the meaning of s 19 of the Partnership Act 1892 (NSW), including by a course of dealing over time — Requirement for unanimity under s 19 — Whether non-voting partners are included in this requirement

CONTRACTS — Termination — Repudiation of contract — Whether termination effective — Reliance on information acquired after the date of termination in order to justify same — Such justification must in fact be available at the time of what would otherwise be a repudiation

CONTRACTS — Remedies — Damages — After repudiation — Past and future losses — Proper calculation of damages where individual was already serving notice period prior to repudiation — Complicating factor of termination on notice itself not effective

CONTRACTS — Remedies — Damages — After repudiation — Loss of chance — Principles governing damages for loss of chance to gain other employment while still a partner