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Court Judgements

Williams v Nicoski and Nutrimetics

Supreme Court of Western Australia July 8

AN attempt to dissolve a failed partnership and sell its assets has been partially successful.

Georgette Nicoski has been running a Nutrimetics consultancy since 1988. She began living with Troy Williams in 1996, became engaged to him in March 1997 and they parted in December of that year.

During their time together they also entered into a business partnership to carry on the Nutrimetics consultancy.

Mr Williams told the court the partnership was created by an oral agreement between them and that he and Ms Nicoski signed a limited agency agreement with Nutrimetics on April 1 1997. He also argued that the partnership was not constituted by deed and had never been determined or dissolved.

Ms Nicoski denied that she ever had a business partnership with Mr Williams regarding her Nutrimetics consultancy.

She also said that if the partnership had been formed, there had never been any agreement regarding the consultancy’s assets.

Mr Williams also claimed that Nutrimetics had breached the limited agency agreement he and Ms Nicoski had made by providing commissions and other benefits arising from the business after he and Ms Nicoski split solely to her.

In his judgement Justice Michael Barker made 16 orders.

He dismissed Mr Williams’ action against Nutrimetics and parts of his action against Ms Nicoski.

Justice Barker’s other orders declared Mr Williams and Ms Nicoski’s partnership dissolved as of April 19 1999; that the business of the partnership pursuant to the limited agency agreement be sold as a going concern by private treaty, subject to Nutrimetic’s permission; and that proceeds from that sale be lodged in the court and be subject to further order by a Master.

 

Dr Judy Edwards; Ex parte Pearls Pty Ltd

Supreme Court of Western Australia

Full bench Court of Appeal June 27

THE full bench of the Court of Appeal has ruled that a determination by Environment and Heritage Minister Judy Edwards that part of a lot owned by Pearls Pty Ltd should be entered into the State Register of Heritage Places should stand.

The land in question was added to the heritage listing for the Streeter’s Jetty in Broome.

Pearls Pty Ltd argued that because the land in question was a vacant lot, that the company planned to develop, it should not be included in heritage listing.

However, Justices Frederick Scott, Christine Wheeler and Nicholas Hasluck disagreed.

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