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Decisions of the Superior Courts of New South Wales, 1788-1899

Wilson v. Burdekin [1838] NSWSupC 84

equity, account stated - partnership

Supreme Court of New South Wales

Willis J., 21 September 1838

Source: Australian, 25 September 1838[ 1]

Wilson v. Burdekin. - This was a dispute of a long and complicated partnership account.  The prayer of the bill demanded that an account of all the stock in trade bet taken; that the defendant should be called on to account for all monies due to and collected on behalf of the partnership; that all debts should be collected, and a receiver appointed; that the defendant should be restrained from receiving monies to the concern: and that he should be decreed to pay over to the plaintiff all monies collected over and above the sum of £10,000, being his claim on the plaintiff.  Mr Justice Willis asked if the account had been brought before the Master.  This was a long and difficult question of account, and the Court could not sit to wade through a mass of accounts which would exclusively occupy the Court for days.  He thought it would be more satisfactory to the parties, and it would certainly be attended with a  great saving of expense, to refer the case to the arbitration of impartial persons, who would get through the business much sooner than it would be possible for the Master to do.  If the case was to come before the Court, the accounts must be referred to the Master, and although he could not compel the Master to proceed de die in diem, he would direct Mr Gurner to proceed with all possible despatch.  Mr Foster said that he was ready to refer the matter to the arbitration of three respectable merchants, but the other side was not willing to accede to that proposal.  After some further argument, the reference of the account to the Master was declared.

 

Notes

[ 1]See also Sydney Herald, 24 September 1838.

Published by the Division of Law, Macquarie University