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31 terms

Partnership Cases

STUDY
PLAY
A Single Venture may constitute a partnership
National Insurance Co of NZ v Bray(single property)
Those who engage in hobbies or other sporting activities with a view to gain may be excluded from the definition
Welch and Others v Jess(fishing trip)
A single venture may constitute a partnership; A large hobby element in the venture does not prevent the venture to be a partnership
Harrison v Franich(horse)
Preliminary Activity
Khan v Miah(resturant)
A business in Common
Lang v James(test)
Profit making need not be the dominant motive
Newstead v Frost
Sharing of Gross Returns
Cox v Coulson(gun)
Authority and Liability
Wooton v Stoffers(quote)
Salaried Partners (NO)
Walker v Hirsch(clerk)
Salaried Partners (YES)
Stekel v Ellice(promise of promotion)
Business of the kind
Mercantile Credit Ltd v Garrod(sold MV)
The act must be executed in the usual way
Goldberg v Jenkins(high interest)
Wrongful act or omission not confined to common law torts
Dubai Aluminium Co Ltd v Salaam(assisting fraud)
Liability for Frolics
National Commercial Banking Corp of Australia v Batty(director of co.)
A person must be known to be a partner before retirement
Elders Pastoral v Rutherford(non-notified retirement)
Must provide notification of retirement
Pont v Wilkins & Ors(clerk embezzling funds)
Indication of intention to retire not sufficient
Woods v FresherFoods Ltd(informal)
Change in firm's letterhead
Hammerhaven Pty Ltd v Ogge
s39(3) & Holding Out
Tower Cabinet v Ingram(defines apparent member)
Holding Out
Duke Group Ltd v Plimmer(report + letterhead)
Financial and Other Information (s31)
Law v Law(buy out)
Private Profits
Bently v Craven(sugar)
Private Profits(1)
Lindsley v Woodfull(valuable contract)
Competing against ones firm
Glassington v Thwaites(morning/evening newspaper)
Goodwill
Short v Gray
Property may be used in the partnership business, but it does not necessary become partnership property
Harvey v Harvey(father leaves farm to son); O'Brien v Komesaroff(quote)
Partnership property includes everything that all partners expressly or impliedly agree should, as between themselves be treated as partnership property
Don King Productions Ltd v Warren
If property has become an integral part of the partnership business it is likely it will be regarded as partnership property
Waterer v Waterer(inherited farm)
Property Brought with firm money
Carters Bros v Renouf(life insurance)
Proof of contrary intention
Kelly v Kelly(abalone permit)
Increased Value of Non-Partnership Property
Paton v Reck(prawn farming)