S&C Nicola Pty Ltd v Peter Holmes Investment Pty Ltd [2022] NSWCA 72 (06 May 2022) (Macfarlan, Leeming and White JJA)


Catchwords:


CONTRACTS – construction and interpretation –partnership agreement – whether interest on funds provided to the partnership by one partner to be treated as a partnership expense or as an independent debt to be paid by the other partner – whether inconsistency between agreement’s recitals and operative provisions and how any such inconsistency to be resolved