Scrivener v Cappello

[2021] NSWCA 330

NSW Court of Appeal

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Interrogate

Catchwords

1. Partnerships and Joint Ventures
2. › Rights and duties between partners
3. › Fiduciary relationship
4. › Obligations
5. › Oral agreement to enter partnership for single venture
6. › Whether agreement constituted partnership between individuals or their corporate entities
7. › Whether company holding partnership assets was bare trustee for partners
1. Partnerships and Joint Ventures
2. › Rights and duties between partners
3. › Interpretation of agreement
4. › Oral agreement
5. › Whether agreement subject to sunset condition
6. › Whether partner's conduct after agreement inconsistent with claimed condition
1. Equity
2. › Fiduciary obligations
3. › Breach
4. › Accessorial liability
5. › Second limb of [name withheld] v [name withheld]
6. › Whether dishonest and fraudulent design established
7. › Whether knowing participation established
8. › Standard of knowledge required
1. Appeal
2. › Powers of appellate court
3. › Rehearing
4. › Whether appellate court should make own findings or remit
5. › Failure by primary judge to make finding on essential element
6. › Whether new trial should be ordered
7. › Supreme Court Act 1970 (NSW), s 75A

Quick Take

An oral agreement to share profits and expenses equally from a property venture constitutes a partnership between the individuals, even where a company controlled by one party holds the assets, and that company will be treated as a bare trustee for the partnership.