From: Gerard Sadlier <gerard.sadlier@gmail.com>
To: obligations@uwo.ca
Date: 28/11/2014 20:08:18 UTC
Subject: Help in Finding Australian Decision

Dear all,

I'm sorry to ask for assistance on the list again, especially so soon
after my previous query.

I wondered however, if anyone could direct me to or send me a copy of
the decision of the Court of Appeal of New South Wales in Beckingham v
The Port Jackson &Manly Steamship Company (1957) SR (NSW) 403.

In an article which I have recently read (Defining a Partnership: The
Traditional
Approach Versus An Innovative Departure - o Queensland Appeal Court
Decisions Point to the Need for a Review of the Traditional Approach
to Interpretation Adopted by Australian Courts? by Geoffrey Egert Bond
LR vol 19, issue 1, 2008) this decision is referred to as authority
for the proposition that the factors relevant in determining whether a
partnership came into existence may differ, depending on the reasons
why the enquiry is being undertaken by the Court, whether on behalf of
a third party creditor or an insider, such as another supposed
partner. The article refers to page 410 of the decision.

Unfortunately, the excellent www.austlii.edu.au only has the SR NSW
until 1950 and I do not have access to them after 1950.

Furthermore, a search on Lawcite does not disclose any treatment of
the decision.

Any help would be much appreciated.

Kind regards

Ger