Williams v Nicoski & Anor

[2003] WASC 131

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Partnership
2. › Formation of partnership
3. › Partnership at will
4. › Whether persons carrying on business in common with a view of profit
5. › Oral agreement
6. › Evidence of partnership
7. › The Partnership Act 1895 (WA), ss 6, 7, 8
1. Partnership
2. › Partnership property
3. › Whether pre-existing business assets brought into partnership
4. › Whether rights under limited agency agreement constitute partnership property
5. › The Partnership Act 1895 (WA), s 30(1)
1. Partnership
2. › Dissolution
3. › Partnership at will
4. › Whether notice in writing required under s 37(1) and s 43(c)
5. › Whether commencement of partnership action effects dissolution
6. › Whether just and equitable to decree dissolution under s 46(g)
7. › The Partnership Act 1895 (WA), ss 37, 43, 46
1. Partnership
2. › Winding up
3. › Taking of accounts
4. › Allowance for work and skill
5. › Whether partner entitled to allowance where other partner excluded from business
6. › The Partnership Act 1895 (WA), s 34(5)

Quick Take

A partnership at will under The Partnership Act 1895 (WA) may be dissolved by the commencement of a partnership action where no prior written notice has been given. Pre-existing business assets of one partner are not automatically brought into a subsequently formed partnership absent agreement. A principal under a limited agency agreement with joint consultants may discharge its payment obligation by paying one consultant alone, and corporate codes of conduct do not of themselves create fiduciary duties owed by the principal to individual joint agents. A partner who has been effectively excluded from the business is entitled to a liberal allowance for work and skill on the taking of accounts, notwithstanding s 34(5) of The Partnership Act 1895 (WA).