Andrew O’Brien KC and Chris Stackpoole appeared for the Appellants, instructed by Bartley Cohen.
This appeal arose from a brotherly dispute concerning a family agreement, under which the trial judge found that the appellants had breached their obligations by failing to account to the respondent for profits from development properties connected with the agreement. Ultimately, the Court allowed the appeal and varied the finding of breach to clarify that the breach was the appellants’ failure to provide true account and full information about the developments, set aside the finding concerning the City Road property, and otherwise dismissed the appeal. The Court held that the partnership relationship gave rise to statutory obligations under the Partnership Act 1891 (Qld) to provide accounts and information and that those obligations had not been fulfilled in relation to the three developments. However, it concluded that the trial judge had erred in deciding the City Road issue on the basis of a separate agreement that had not been pursued by the parties at trial, creating a procedural fairness issue, and therefore the answer to that question had to be set aside and remitted for further consideration.
The judgment can be read by clicking here
