RE ALEXANDER AND COMPANY 6/1915

RE ALEXANDER AND COMPANY 6/1915

The Court holds that it does not have jurisdiction under the Trading with the Enemy Act 1914 to wind up the partnership or distribute assets, but may direct the Controller and others in possession to pay or deliver assets over to rightful parties now that the control order has ceased; the rights between partners or other claimants must be worked out by ordinary legal process in other proceedings.

Parties
Controller: Horace Bately Allard; Firm: Alexander and Company; Partner: Edouard Alexander; Partner (deceased): Louis Frank; Partner: Bernhardt Hesslein; Executor of Louis Frank: National Trustees Executors and Agency Company of Australasia Ltd; Widow of Louis Frank: Kathleen Frank; Daughter of Louis Frank: Freida Fenn (née Frank); Trustee: Public Trustee
Jurisdiction
Australia
Procedural Posture
Application/motion / Determination of Controller's Discharge and Distribution of Controlled Assets
Outcome
Application for orders to wind up partnership and distribute assets refused; directions given regarding restoration and delivery over of property.
Legal Topics
Trading With the Enemy Act 1914, Controllers, Winding Up Partnership, Restoration of Assets, Directions to Trustees
Equity Partnership War Related Property Control Trading With the Enemy Act 1914 Controllers Winding Up Partnership Restoration of Assets Directions to Trustees

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Parties

Horace Bately Allard

Controller

Alexander and Company

Firm

Edouard Alexander

Partner

Louis Frank

Partner (deceased)

Bernhardt Hesslein

Partner

National Trustees Executors and Agency Company of Australasia Ltd

Executor of Louis Frank

Kathleen Frank

Widow of Louis Frank

Freida Fenn (née Frank)

Daughter of Louis Frank

Public Trustee

Trustee

Procedural Posture

Application/motion / Determination of Controller's Discharge and Distribution of Controlled Assets

Legal Issues

  1. 1 Whether the Court has jurisdiction to order winding up of the partnership and distribution of its assets under Trading with the Enemy Act 1914
  2. 2 Whether certain sums and securities held for the benefit of Louis Frank's widow and daughter should be restored to them
  3. 3 Whether the Controller should be discharged and how assets should be distributed or paid over

Ratio Decidendi

The Court holds that it does not have jurisdiction under the Trading with the Enemy Act 1914 to wind up the partnership or distribute assets, but may direct the Controller and others in possession to pay or deliver assets over to rightful parties now that the control order has ceased; the rights between partners or other claimants must be worked out by ordinary legal process in other proceedings.

Court Disposition

Application for orders to wind up partnership and distribute assets refused; directions given regarding restoration and delivery over of property.

Orders

  • Accounts to be passed by Controller within one month (unless extended by Registrar).
  • Controller and others in possession directed to deliver property to surviving partner (Bernhardt Hesslein) and Public Trustee jointly, with consents as applicable.