LARBALESTIER v JACKSON [1988] NSWCA 81

LARBALESTIER v JACKSON [1988] NSWCA 81

The letter of 17 March 1981 was not an unequivocal notice of determination and was not given by the second defendant to all partners, thus failing to satisfy the requirements of s26 and s32(c) of the Partnership Act 1892 for terminating a partnership at will.

Parties
Appellant: BJE Larbalestier; Respondent: BG Jackson; Respondent: Mal; Respondent: Bob
Jurisdiction
Australia
Judgment Date
10 August 1988
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Termination of Partnership at Will, Notice Requirements, Effectiveness of Termination Notice
Partnership Law Termination of Partnership at Will Notice Requirements Effectiveness of Termination Notice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

BJE Larbalestier

Appellant

BG Jackson

Respondent

Mal

Respondent

Bob

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the letter of 17 March 1981 effective to terminate a partnership at will under the Partnership Act 1892?
  2. 2 Did the second defendant give notice of intention to dissolve the partnership to all other partners as required by statute?

Ratio Decidendi

The letter of 17 March 1981 was not an unequivocal notice of determination and was not given by the second defendant to all partners, thus failing to satisfy the requirements of s26 and s32(c) of the Partnership Act 1892 for terminating a partnership at will.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs