Jamieson v. Commissioner of Inland Revenue.
Judges: Wild CJMcCarthy P
Speight J
Court:
Court of Appeal (New Zealand)
Speight J.: I have come to the same conclusion as the other members of the Court.
Had this case been one where the payments were by way of a capital sum to purchase rights which had not yet crystallised, then I would favour Mr. Downey's attractive argument. But this was not the fact situation.
There was an express agreement between the Objector and the continuing partners that the payment was made because ``it was agreed that the Objector was entitled to a proportionate share of fees''. Although this was not the method previously used on annual division of income, it was a variation, to use Mr. Hopkins' words, ``agreed to by all parties as Mr. Jamieson's share of fees earned up to the date of dissolution''. There is no evidence to show, as was submitted, that this was done after dissolution - indeed, the tenor of Mr. Hopkins' letter is to the contrary. I do not think the passage of a few days after the formal date of dissolution to the moment of quantification has any significance - for doubtless after agreement had been reached it would take a little time for all files and accounts to be examined to assess the amount due. This was part of the process agreed on for the purpose of dissolution by way of variation of the previous profitsharing agreement.
I too, would dismiss the appeal.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
