Law Assignment
Author:
Genre: Law

Your managing partner has handed you the Supreme Court of New South Wales’ decision in AM Marketing Pty Ltd v Howard Media Pty Ltd [2010] NSWSC 803 (23 July 2010). The partner has asked that you provide short answers to her with respect to the following questions:

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Law Assignment

1. What did the Plaintiff want in this case?

2.a. What did the defendant argue as its primary defence? Why did the defendant make this

b. What were the other arguments put forward by the defendant? How were these arguments argument (ie. what are the grounds for it)? decided by the Court? Explain with reference to both the relevant facts and law cited in the judgement (that is, what rules applied).

3. a. What did the Court decide with respect to the alleged partnership?

b. What legal issues the Court have to satisfy itself of before making its judgement about whether the partnership existed or not?

4.a. What was the presumption of partnership relied on by the defendant?

b. What did the Court decide with respect to this presumption? Explain with reference to both the relevant facts and law cited in the judgment (include, for example, what rules applied).

5. Were the parties carrying on a business ‘in common’? Explain how the Court reached its conclusion on this legal issue. In your answer, explain the relevant law and how it was applied to the facts of the case.

6. What other factors influenced the Court’s decision? In your answer, explain the relevant law and how it was applied to the facts of the case.

Part A

  1. The Plaintiff in the present case wants to demand the amount which was spend by him for the services catered by him to the Defendant. The cost of the services along with interest was $ 35,830 and it is this amount which was seeks by the Plaintiff from the Defendant. However, the claim made by the Plaintiff was rejected by the Defendant and thus against this the Plaintiff had filed a case against the Defendant.
  2. a)A primary defense is the defense which is the leading defense of any party upon which the party had relied to substantiate his or her case. As per the present facts and circumstances it was alleged by the Defendant that there does not arose any case that was filed by the Plaintiff since both the parties to the case, i.e, the Plaintiff and the Defendant are partners and run a Partnership firm. The argument was submitted by the Defendant because upon the establishment of Partnership the case has no legal validity and must be rejected out rightly.
  3. 2 b)The establishment of Partnership amid both the Parties is the primary defense which was alleged by the Defendant. If the primary defense of the defendant is established the claim raised by the Plaintiff does not hold any legal validity. However, it is not the only defense which was raised by the Defendant. There were many more defenses which were raised which once proven will rejects the claim raised by the Plaintiff.

It was submitted by the Defendant that since both the parties, that is, the Plaintiff and the defendant are mutually and equally sharing profits and losses and this is the prime indication that there is establishment of partnership and thus Plaintiff cannot raise any claim. Further, it was submitted by the Defendant that a Partnership does exists with Better Business Magazine. These are some of the other grounds which were raised by the Defendant in order to support his contention and to disregard the claim raised by the Plaintiff.

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