Old v Hodgkinson; Old v McInnes

The parties in Old v Hodgkinson and Old v McInnes were involved in a series of partnerships, with the central dispute being the entitlement to remuneration and the treatment of goodwill during the winding up of these partnerships. The case was heard in the Supreme Court of South Australia. The legal issues revolved around whether the additional partner was entitled to remuneration based on an understanding that they would contribute to the goodwill of the partnership and how the costs associated with winding up the partnerships should be allocated.

The court had to determine if the additional partner, who was part of an agreement in principle for a new partnership, was entitled to remuneration even though the partnership never materialised. It also had to decide how the goodwill should be treated in the context of a series of partnerships and who should bear the costs of a referee appointed to settle the accounts. The court considered the principles of quantum meruit and whether the additional partner could be reasonably remunerated based on the understanding between the parties.

The court found that the additional partner was not entitled to remuneration as there was no binding agreement that would entitle them to such payments. It also ruled that the costs of the referee should be borne by the parties equally. In relation to the goodwill, the court held that it should be treated as an asset of the existing partnership rather than a separate entity, and that the additional partner had no claim to it. The court's decision clarified the rights and obligations of the parties involved in a series of partnerships and the treatment of goodwill during winding up.