Calacoci v Calacoci [2020] NSWSC 476

Supreme Court New South Wales

Medium Neutral Citation: Calacoci v Calacoci [2020] NSWSC 476 Hearing dates: 14 and 15 November 2019 Decision date: 08 May 2020 Jurisdiction: Equity Before: Lindsay J Decision: (1) A determination made as to the shares in which partnership property held by partners upon dissolution of their partnership.

(2) A determination made as to the mode of sale of the partnership's principal asset.

(3) Parties to be allowed an opportunity to make submissions about the form of orders to be made, and costs, in the context of steps taken by them for a consensual winding up of the partnership business. Catchwords: PARTNERSHIPS AND JOINT VENTURES — Partnerships — Terms of partnership agreement — Partnership agreement not in writing – Dissolution of partnership – Winding up partnership business – Sale of partnership assets – Entitlements to capital and profits. Legislation Cited: Conveyancing Act 1919 NSW Partnership Act 1892 NSW Cases Cited: Hungerford (by his tutor Ahadizadeh) v Richardson [2017] NSWSC 297 Jane v Bob Jane Corporation Pty Ltd [2013] VSC 406 Lucas v Lucas [1962] Qd R 205 Syers v Syers (1876) 1 App Cas 174 Sze Tu v Lowe [2014] NSWCA 462 Texts Cited: Lindley and Banks on Partnership (Sweet & Maxwell, 20th ed, 2017), paragraphs [23-110] and [23-113]; Category: Principal judgment Parties: First Plaintiff: Antonio Isidoro ("Anthony") Calacoci Second Plaintiff: Rossano Vincenzo ("Ross") Calacoci Third Plaintiff: Ivana Rosita Calacoci