Zphere Pty Ltd v Pakis
Supreme Court of Victoria
M Osborne J
26/08/2022
[2022] VSC 496
Partnership and partners — Fiduciary obligations of partners — Successful claim by partnership of breach of duty against partner — Settlement of proceeding — Whether retired partner not party to settled proceeding estopped from pursuing like claims against defaulting partner — Res judicata — Partnership Act 1958 (Vic), ss 8, 32, 33
Partnership and partners — Contract — Deed of settlement — Settlement of claim by partnership — Whether setlement binding on retired partner not party to deed — Authority to bind partnership — Scope of settlement — Whether manager of partnership entered into deed of settlement on behalf of all partners with an entitlement — Whether manager authorised to enter into deed — Whether intention to enter into deed as agent for principal
Practice and procedure — Abuse of process — Whether proceeding should be stayed — Whether second action unduly or oppressively burdensome to defendant — Whether defendant faces double jeopardy
Read the judgment here.