PARTNERSHIP — Actions by and against partners — partnership funds mixed with funds of a partner and used to purchase residential investment properties — fresh trial under Civil Procedure Act 2005, s 88(1) — evidence at first trial admitted without need to recall witnesses under s 89(2)(a) — cash businesses — unreported cash sales — trust property in strict sense followed into hands of persons other than bona fide purchasers for value without notice — institutional constructive trust in favour of partners — onus of proof — withdrawal of election for equitable compensation rather than account of profits — equity to mould suitable relief — partner entitled to a percentage interest in properties in proportion to his capacity to contribute to the purchase prices.
Case Details
Citation[2012] NSWSC 1493
CourtNSWSC
JurisdictionNew South Wales
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