GLUL3033 COMPANY LAW (Dissolving a partnership). Number of partners exceeding 20 & Charge on the personal share. Explain
Posted: Tue Nov 16, 2021 9:00 am
GLUL3033 COMPANY LAW
(Dissolving a partnership). Number of
partners exceeding 20 & Charge on the personal
share. Explain, the relevant cases and references
must be included in the assignment, 1 page is required
-Example:
Section 35 Dissolution by Bankruptcy, Death or
Change
Section 35(1) Partnership Act 1961 which mentioned that any
partner that involved in the bankruptcy or death will dissolve the
partnership unless other partners agreed to continue the
partnership. The date for dissolutions of partnership is regarding
the date commencing for the bankruptcy order.
Case: Lee Choo Yam Holdings Sdn Bhd &
Ors v Khoo Yoke Wah & Ors. [1990] 2 MLJ 431
Facts: The
plaintiff declared that the partnership was terminated as the
senior partner Lee died in August 1988 while his widow wished to
continue the partnership by his part. The respondents argue that
the partnership is terminated since the death of Lee therefore the
widow could not continue the partnership.
Held: The court
decided that the partnership dissolved as the partnership agreement
happened after the death of partner therefore the agreement is not
legal, and the partnership not be continuing.
Section 35(2) Partnership Act 1961 Dissolution by changing on
shares mentioned that the partnership shall be dissolved when there
is issue happens related to partner from the share of property for
the separate debt.
Case: Brown, Janson & Co. v
Hutchinson & Co.[1895] 1QB 737
Facts: The plaintiff
was the member of Hutchinson & Co. and the 3,000 Pounds bill of
exchange been issued as they obtained judgement under Order XIV for
3,034 Pounds. The company has no authority to accept the bill for
the firm which related to partnership interest.
Held: The order been confirmed by the
Court of Appeal.
(Dissolving a partnership). Number of
partners exceeding 20 & Charge on the personal
share. Explain, the relevant cases and references
must be included in the assignment, 1 page is required
-Example:
Section 35 Dissolution by Bankruptcy, Death or
Change
Section 35(1) Partnership Act 1961 which mentioned that any
partner that involved in the bankruptcy or death will dissolve the
partnership unless other partners agreed to continue the
partnership. The date for dissolutions of partnership is regarding
the date commencing for the bankruptcy order.
Case: Lee Choo Yam Holdings Sdn Bhd &
Ors v Khoo Yoke Wah & Ors. [1990] 2 MLJ 431
Facts: The
plaintiff declared that the partnership was terminated as the
senior partner Lee died in August 1988 while his widow wished to
continue the partnership by his part. The respondents argue that
the partnership is terminated since the death of Lee therefore the
widow could not continue the partnership.
Held: The court
decided that the partnership dissolved as the partnership agreement
happened after the death of partner therefore the agreement is not
legal, and the partnership not be continuing.
Section 35(2) Partnership Act 1961 Dissolution by changing on
shares mentioned that the partnership shall be dissolved when there
is issue happens related to partner from the share of property for
the separate debt.
Case: Brown, Janson & Co. v
Hutchinson & Co.[1895] 1QB 737
Facts: The plaintiff
was the member of Hutchinson & Co. and the 3,000 Pounds bill of
exchange been issued as they obtained judgement under Order XIV for
3,034 Pounds. The company has no authority to accept the bill for
the firm which related to partnership interest.
Held: The order been confirmed by the
Court of Appeal.