Wheatley v Bower

Case [2001] WASCA 293


WHEATLEY -v- BOWER & ORS [2001] WASCA 293



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 293
THE FULL COURT (WA)
Case No:FUL:204/19999 MARCH 2001
Coram:MALCOLM CJ
KENNEDY J
WALLWORK J
24/09/01
51Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:BRIAN PHILIP WHEATLEY
RONALD WILLIAM BOWER
CONAL PATRICK O'TOOLE
PATRICK DAVID MOSTYN HUGHES
MERVYN ROTHSTEIN
VALMA SYLVIA CEARNS AS EXECUTRIX OF THE ESTATE OF IAN ELDRED CEARNS (DEC)
CEDRIC DAVID WILLIAMSON
STEPHEN OWEN-CONWAY
JOHN SWIFT
VALMA SYLVIA CEARNS
STEPHEN DEXTER CROOKS
RICHARD JAMES LARRY McCORMACK
RAOUL RUDOLPH CYWICKI
GUY SHENTON FRENCH
JOHN GERARD DEARN
CRAIG ANTHONY MASAREI

Catchwords:

Termination of partnership
Law firm
Whether a taking of accounts should have been ordered
Whether entitled to summary judgment
Whether partner entitled to relief of money sums from death of partner
Whether good will write offs correctly accounted for
Whether fee adjustments correctly provided for
Whether insurance proceeds from death of a partner could not fall within the assets of the partnership
Whether partnerships were entitled to discount work in progress upon the retirement of a partner
Whether costs of the appeal be taxed as between solicitor and client

Legislation:

Limitation Act 1935 (WA)
Supreme Court Act 1935

Case References:

Australian Guarantee Ltd v De Jager [1984] VR 483
Binney v Mutrie (1886) 12 App Cas 160
Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246
Carroll v Azolia Pty Ltd, unreported; SCt of WA; Library No 980004; 19 January 1998
Collins v Westralian Sands Ltd (1993) 9 WAR 56
Fancourt & Anor v Mercantile Credits Ltd (1983) 154 CLR 87
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397
Garwood v Garwood (1911) 105 LT 231
Gething v Keighley (1878) 9 Ch 547
Giles v Randall [1915] 1 KB 290
Hurst v Bryk [1999] Ch 1
Knox v Gye (1872) 42 Law Journal Ch 234
Levi v Stirling Brass Founders Pty Ltd (1997) 36 ATR 290
Moscow Narodny Bank Ltd v Mosbert Finance (Aust) Pty Ltd [1976] WAR 109
Oldaker v Lavender (1833) 6 Sim 239
Packer v Meagher [1984] 3 NSWLR 486
Phillips-Higgins v Harper [1954] 1 QB 411
Re Barber; Ex parte Barber (1870) 5 Ch App 687
Re Bond Corporation Holdings Ltd (1990) 1 WAR 465
Re Malley SM; Ex parte Gardner [2001] WASCA 83
Sim v Sim (1861) 11 I Ch R 310
Smith v Knarston [1872] VR 174
Spencer v Wenlock (1922) 25 WALR 114
Taylor v Southwood [1861] 1 WN (E) 29
Tito v Waddell (No 2) [1977] Ch 106
Unioil International Pty Ltd v Deloitte Touche Tohmatsu (No 2) (1997) 18 WAR 190
Webster v Lampard (1993) 177 CLR 598
Williamson v Barbour (1877) 9 Ch D 529

Anfrank Nominees Pty Ltd v Connell (1991) 6 WAR 271
Belmont Finance Corp Ltd v Williams Furniture Ltd [1979] 1 Ch 250
Cargill v Bower (1878) 10 Ch…

Continue reading Wheatley v Bower

Sign in free to access the full text

Details
AGLC
Wheatley v Bower [2001] WASCA 293
Case
[2001] WASCA 293
Decision Date

CaseChat Overview and Summary

The case of Wheatley v Bower involved a dispute between partners in a law firm, Wheatley and Bower. The crux of the matter was the termination of their partnership and the subsequent accounting and financial issues that arose from it. The case was heard in the Supreme Court of Queensland, and ultimately the appeal was dismissed.

The central legal issues before the court were multifaceted. They included whether a taking of accounts should have been ordered, whether the partnership was entitled to summary judgment, and whether the surviving partner was entitled to relief of money sums following the death of the other partner. Other issues included whether goodwill write-offs were correctly accounted for, if fee adjustments were appropriately provided for, and whether insurance proceeds from the deceased partner's death could fall within the partnership's assets. Additionally, the court considered whether the partnerships were entitled to discount work in progress upon the retirement of a partner and whether the costs of the appeal should be taxed as between solicitor and client.

In its reasoning, the court found that the deceased partner's estate was not entitled to the summary judgment sought. It held that the partnership's accounts were properly taken, and that the goodwill write-offs and fee adjustments were correctly accounted for. The court also ruled that the insurance proceeds from the deceased partner's death were not assets of the partnership, but rather belonged to his estate. Furthermore, the court determined that the partnerships were not entitled to discount work in progress upon the retirement of a partner, and it taxed the costs of the appeal as between solicitor and client. Ultimately, the court dismissed the appeal, affirming the lower court's decision.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.