Law Report Case Study
The Supreme Court of New South Wales heard the case Pastizzi Cafe v Hossain in mid-July of 2011. The case involved a variety of different legal issues -- issues that ranged from what constitutes a business partnership to whether a partner can end a corporation on her or his own without the consent of other partners. In this case, the main parties are Deborah Ross, Leonard Ross and Miraj Hossain and the three reached an agreement to create and administer a restaurant called Pastizzi Cafe Pty Ltd. There are a number of unique twists and fact in this particular controversy. To start, there is a Ms Ross who is guarantor of the partnership's initial funding, and she is a shareholder of the corporation as well. There is a Mr. Ross who is not a formal partner (his partnership is on hold for two years due to a break up with a former girlfriend,) and there is a Mr. Hossain and his company, Talukder Enterprises Pty Ltd. (Pastizzi Cafe v Hossain, 4). Mr. Hossain complains to the Court that Mr. And Ms Ross are making all business decisions while leaving him out of the decision-making...
Of course, Mr. And Ms Ross do not agree, since he can come to corporate meetings and since he has access to all the partnership's financial documents (Pastizzi Cafe v Hossain, 4). Another problem that complicates the case is the fact that Mr., Hossain sold his third of the partnership to Mr. And Ms Ross in late 2010. They disagreed on the value of the business at this time, however. To make matters worse, several months later, Mr. Hossain locks the Rosses out of the restaurant, changes the name, and ends the partnership. Because of this, Mr. And Ms Ross sue Mr. Hossain for lost profits and damages due to loss of the businesses goodwill (Pastizzi Cafe v Hossain, 5).
Though there are several interesting minor legal questions (the case involving Mr. Ross and his former girlfriend, for example,) the main legal questions involve the nature of the partnership, the right of Hossain kick the Mr. And Ms Ross off of his (and Pastizzi's) property and end the partnership, and the value of the business and the damages for lost profit and goodwill.
First, the Supreme…
