[NB easement and covenant cases are marked with **]
Litigation
Tse v Ngo [2025] NSWSC 117
Acted for the successful plaintiffs in securing declarations regarding the existence and dissolution of a partnership and its assets.
The dispute centered on a business importing car accessories, with a key issue being whether the commercial arrangement constituted a partnership, joint venture, or agency. Upon the Court’s declaration of a partnership, further questions arose regarding the scope of the defendant partner’s duties. It was held that due to a breach of fiduciary duties by the defendant, the plaintiffs had a constructive trust over a warehouse used for the partnership business (and its proceeds after it had been sold) and further, that the Plaintiffs were entitled to an account of the partnership profits. The Court canvassed the principles informing an account of profits and the similarities and differences between partnership, joint venture and agency.