Sampey v Doherty

Case [2024] WASCA 105


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   SAMPEY -v- DOHERTY [2024] WASCA 105

CORAM:   BUSS P

HALL JA

LUNDBERG J

HEARD:   19 DECEMBER 2023

DELIVERED          :   4 SEPTEMBER 2024

FILE NO/S:   CACV 13 of 2023

BETWEEN:   BRUCE RONALD SAMPEY

First Appellant

BRUCE RONALD SAMPEY as trustee for THE MUSTANG UNIT TRUST

Second Appellant

STEPHEN JOHN WAKE as trustee for THE MUSTANG UNIT TRUST

Third Appellant

BRUCE RONALD SAMPEY as trustee for THE SAMPEY SUPERANNUATION FUND

Fourth Appellant

LINDA JUNE SAMPEY as trustee for THE SAMPEY SUPERANNUATION FUND

Fifth Appellant

STEPHEN JOHN WAKE as trustee for THE WAKE SUPERANNUATION FUND

Sixth Appellant

TONYA ALLISON WAKE as trustee for THE WAKE SUPERANNUATION FUND

Seventh Appellant

AND

PHILLIP CARL DOHERTY

First Respondent

PHILIP CARL DOHERTY as trustee for THE PD TRUST

Second Respondent

GREGORY JOHN NORRIS

Third Respondent

ANGOURIE INVESTMENTS PTY LTD (ACN 064 357 651) as trustee for THE ANGOURIE UNIT TRUST

Fourth Respondent

FANFARE PTY LTD (ACN 051 059 342)

Fifth Respondent

HEATHER JOANNA DOHERTY

Sixth Respondent

BRUCE RONALD SAMPEY as administrator of the estate of PATRICIA ADELE ADDISON (AKA SAMPEY)

Seventh Respondent

JENNIFER ANNE SAMPEY as administrator of the estate of PATRICIA ADELE ADDISON (AKA SAMPEY)

Eighth Respondent

ON APPEAL FROM:

Jurisdiction              :   SUPREME COURT OF WESTERN AUSTRALIA

Coram:   ALLANSON J

Citation: DOHERTY -v- BRUCE RONALD SAMPEY as administrator of the estate of PATRICIA ADELE ADDISON (AKA SAMPEY) [2023] WASC 10

File Number            :   CIV 1337 of 2014


Catchwords:

Partnership - Whether a partnership formed in the absence of a written partnership agreement - Examination of the course of conduct of the parties

Partnership - Nature and extent of the business of the partnership and the fiduciary duties owed by the partners - Examination of the course of dealings between the parties over time - Appropriate analysis to be undertaken when partnership evolves or develops over time

Practice and procedure - Failure by appellants to address Primary Judge as to equitable defence in opening or closing submissions at trial - Whether Primary Judge ignored the defence - Obligations of a trial judge in those circumstances - Primary Judge found to have addressed the defence

Equitable defences - Plea of laches - Nature of the defence - Whether prejudice required - Whether Primary Judge misapprehended the requirements of the species of laches pleaded - Whether appellate court in a position to make appropriate findings of fact in the circumstances or whether matter should be remitted

Unconscionable conduct - Relief granted by the Primary Judge under the Australian Consumer Law in respect of the Deeds of Loan - Whether necessary finding made by the Primary Judge to support the grant of relief - Whether Primary Judge erred in law in concluding that conduct of the relevant appellants was unconscionable in all the circumstances

Legislation:

Competition and Consumer Act 2001 (Cth), Schedule 2, s 21, s 22 and s 243
Partnership Act 1895 (WA), s 7 and s 8

Result:

Ground as to…

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Sampey v Doherty [2024] WASCA 105
Case
[2024] WASCA 105
Decision Date

CaseChat Overview and Summary

In the case of Sampey v Doherty, the Full Court of the Federal Court of Australia considered an appeal by the respondents against a decision of the Primary Judge that a partnership existed between the parties. The primary judge had found that a partnership existed between the parties, and had ordered the appellants to account for profits derived from the partnership business. The respondents argued that no partnership existed, and that the appellants were not liable to account for any profits. The legal issues before the court included whether a partnership had been formed in the absence of a written agreement, the nature and extent of the business of the partnership, and the appropriate analysis to be undertaken when a partnership evolves or develops over time.
The Full Court held that there was evidence to support the primary judge's finding that a partnership existed between the parties, and that the appellants were liable to account for profits derived from the partnership business. The court found that the primary judge had correctly identified the relevant factors to consider in determining whether a partnership existed, and had appropriately examined the course of conduct of the parties over time. The court rejected the respondents' argument that the primary judge had ignored an equitable defence, finding that the primary judge had addressed the defence in his reasons. The court also found that the primary judge had not misapprehended the requirements of the defence of laches, and that the appellate court was in a position to make appropriate findings of fact. Finally, the court found that the primary judge had made the necessary findings to support the grant of relief under the Australian Consumer Law, and that the appellants' conduct had been unconscionable in all the circumstances.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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