Mannigel, C.N. & Ors v. Aitken, L.R. [1985] FCA 450
The bankruptcy of Gunther and Carolyn Mannigel dissolved the partnership as there was no effective provision in the agreement contrary to s.33 Partnership Act (NSW) 1912. The Trustee was properly authorised to take possession and wind up partnership assets following bankruptcy. No grounds were shown for inquiry into the Trustee's conduct; his actions were lawful and caused no loss.
- Jurisdiction
- Australia
- Judgment Date
- 10 September 1985
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['sequestration Order' 'removal of Trustee' 'deed of Assignment' 'dissolution of Partnership' 'administration of Partnership Assets']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['whether bankruptcy of partners dissolved the partnership under Partnership Act 1912 (NSW) s.33' 'whether trustee had authority to take possession of partnership assets' 'whether the partnership agreement provided contrary to s.33' 'proprietary rights and interests in partnership property after bankruptcy']
Ratio Decidendi
The bankruptcy of Gunther and Carolyn Mannigel dissolved the partnership as there was no effective provision in the agreement contrary to s.33 Partnership Act (NSW) 1912. The Trustee was properly authorised to take possession and wind up partnership assets following bankruptcy. No grounds were shown for inquiry into the Trustee's conduct; his actions were lawful and caused no loss.
Court Disposition
appeal dismissed
Orders
- ['Appeal dismissed.' "Appellants to pay respondent's costs including any reserved costs."]
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