Small v McGoldrick

In the case of Small v McGoldrick, the plaintiffs, being members of a partnership known as the syndicate of six owners of the trotting horse "Lost in the Park", sought accountability from the defendants, who were also members of the syndicate. The defendants, who were appointed as managers of the syndicate, had taken control of the horse, raced it, and exported it to New Zealand and then the United States, all without the participation or consent of the plaintiffs. The dispute centred on the defendants' accountability for the prize money collected by their manager and the unauthorised export of the horse.

The court was required to decide whether the defendants were accountable to the plaintiffs for the prize money and whether the export of the horse was authorised. Additionally, the court had to determine if the defendants were accountable to the syndicate for the value of the horse at the time of export. The case hinged on whether the actions of the defendants, particularly the export of the horse, were within the scope of their authority as managers of the syndicate.

The court found that the defendants were accountable for the prize money collected by their manager. It was established that the defendants had exported the horse without the consent of all syndicate members, which was not authorised. Consequently, the court held that the defendants were accountable to the syndicate for the value of the horse at the time of export. After the accounts were settled, the court entered a judgment in favour of the plaintiffs, recognising their entitlement. The decision was based on the facts of the case, and the court found no question of legal principle involved.