QLDQCA
Rushton (Qld) P/L & Anor v Rushton
[2002] QCA 210
Court of Appeal (Qld)|2002-06-21|Before: McMurdo P, McPherson JA, Wilson JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made.
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-06-21
Before
McMurdo P, McPherson JA, Wilson JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders
Catchwords
- PARTNERSHIP - DISSOLUTION AND WINDING UP - OTHER MATTERS - one partner buys
- interest of another – whether that is a “winding
- up” to which
- s 39 Partnership Act (NSW) applies
Source
Original judgment source is linked above.
Catchwords
PARTNERSHIP - DISSOLUTION AND WINDING UP - OTHER MATTERS - one partner buysinterest of another – whether that is a “windingup” to whichs 39 Partnership Act (NSW) appliesPARTNERSHIP - PARTNERSHIP PROPERTY - IN GENERAL AND WHAT CONSTITUTESPARTNERSHIP PROPERTY - OTHER CASES - sale of partnership ‘interests’- whether share is or includes net proceeds of share, liabilities having beenaccounted forPartnership Act 1891 (QLD) s 41, s 42Partnership Act 1892(NSW) s 38, s 39Bakewell v Deputy Federal Commissioner of Taxation [1937] HCA 11(1937) 58 CLR743, appliedFederal Commissioner of Taxation v Everett [1980] HCA 6(1980) 143 CLR440, referred to Hendry v Perpetual Executors & Trustees Associationof Australia Ltd [1961] HCA 44(1961) 106 CLR 256, applied SJ Mackie Pty Ltd v Dalziell Medical Practice Pty Ltd [1989] 2 Qd R 87,referred to