› Whether doctors personally liable for proportionate share of trust losses
› Whether loss-sharing clause imposed obligation to pay trustee or was merely a funding arrangement between principals
Contract
› Construction and interpretation
› Meaning of 'financial accounts'
› Whether reference to 'financial accounts' in loss-sharing clause required audited accounts
› Trust Deed requiring audit of accounts
Contract
› Construction and interpretation
› Termination and continuing operation
› Whether loss-sharing clause ceased to apply after agreed determination to wind up commercial arrangements
› Whether business continued as going concern pending sale
Quick Take
This case is a fact-specific application of contractual construction principles to a particular deed governing a radiology practice and has minimal precedential value beyond its own facts.
