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.