Crisp v Keng

In *Crisp v Keng* [1993] NSWCA 78, the New South Wales Court of Appeal considered a dispute between the appellant, Crisp, and the respondent, Keng. The case concerned an appeal against a decision that had determined the rights and obligations of the parties in relation to a property.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in their findings regarding the nature of the agreement between the parties and, consequently, the appropriate remedy to be granted. Specifically, the court had to determine if the agreement constituted a partnership or a joint venture, and what equitable principles applied to the division of property arising from that agreement.

The Court of Appeal analysed the evidence presented at trial, focusing on the conduct and intentions of the parties at the time the agreement was formed. It applied established principles of equity concerning the recognition and dissolution of partnerships and joint ventures, considering factors such as the sharing of profits, losses, and control. The court found that the primary judge had correctly characterised the arrangement and applied the relevant equitable principles in reaching their decision.

The appeal was dismissed, with the Court of Appeal affirming the orders made by the primary judge.