Recent Cases

Slaveski v Nanevski Developments Pty Ltd [2023] NSWCA 145 (29 June 2023) (Meagher and Kirk JJA, Griffiths AJA)


Catchwords:


PARTNERSHIPS — Winding up — Accounts — Whether monies advanced were contributions made to the partnership then loaned to a partner, or a direct loan outside the partnership — Parties not manifesting legal sophistication — Application of Occam’s Razor

APPEALS — From finding of fact — Proof of undocumented payments of large sums of cash is fraught — Inherent unlikelihood of payment using very large sums in physical cash for a commercial transaction

APPEALS — From finding of fact — Contribution of a sum of $200,000 was documented — Does not matter whether the payments were made to assist in the purchase of one property or another, or made in cash or otherwise, where account is to be taken

CONTRACTS — Remedies — Declarations — Pleadings — Claimed contractual entitlement to consultancy fees not pleaded nor an issue fairly raised in the proceedings