Law Of Partnership

TAN MOOI LIANG V LIM SOON SENG & ORS [1974] 2 MLJ 60

The

appellant and the 4 respondents were partners in the business of dealers and distributors in sundry goods on 1st July 1971. On 15th February 1973 the appellant gave notice of his intention “to dissolve the partnership” and subsequently

The

respondents pleaded that the notice given by the appellant was ineffective to dissolve the partnership and that it amounted to a notice of intention to retire from the partnership. The appellant applied by motion for the appointment of a receiver and manager.

Whether

there is provision whereby a partner may dissolve a partnership by giving notice of his intention to dissolve it? Whether the English law of partnership apply in this case?

the

plaintiff was not entitled to terminate the partnership by the said notice and that the said notice was null, void and of no legal effect. Alternatively they said that the notice was unreasonable, vindictive and was given as a

They

maintained that the said notice of 15th February in effect amounted to a notice of intention to retire from the said partnership. the plaintiff had no power to terminate the said partnership business by a notice of dissolution.

the

law in England in respect of this matter should be applied to this case by virtue of section 5 of the Civil Law Ordinance 1956. on the dissolution of the partnership he was entitled to request for the appointment of

no

provision in the Contracts (Malay States) Ordinance, 1950, whereby a partner may dissolve a partnership by giving notice of his intention to dissolve it it would be wrong to say that the notice of intention to dissolve has the effect

because

of the many provisions relating to partnership in the Contracts (Malay States) Ordinance, 1950, which constitute "other provisions relating to partnership", section 5(1) of the Civil Law Act, 1956 does not apply and therefore the English law of partnership did not apply in this case. Chapter X of the Contracts (Malay States) Ordinance