Hameed v Packe & Anor

Hameed v Packe & Anor

AC Properties was dissolved in 2007, but the Disputed Document did not allocate Church Road entirely to Mr Packe; those assets remained partnership property to be accounted for between Mr Packe and Mr Hameed on a 2:1 basis. The profit sharing ratio in Apsley Road was 50:50, and there was no breach by Mr Hameed. Mr Packe bears primary responsibility for partnership accounting and cannot insist on further documentation from Mr Hameed. Mr Packe is not entitled to mortgage brokerage fees. Specific findings were made on the accounting for property transactions and partnership expenses.

Parties
Claimant: Islam Hameed; First Defendant: Charles Packe; Second Defendant: Ahsan Hameed
Jurisdiction
England and Wales
Judgment Date
15 November 2018
Procedural Posture
Civil Partnership Dissolution and Accounting / Judgment After Trial
Outcome
Judgment for the Claimant in substantial part; directions for accounting and distribution of partnership assets as specified.
Legal Topics
Dissolution of Partnership, Accounting Between Partners, Authority of Partners, Distribution of Partnership Assets, Breach of Partnership Agreement, Obligation to Account, Profit Sharing Ratio
Partnership Law Property Law Equity Dissolution of Partnership Accounting Between Partners Authority of Partners Distribution of Partnership Assets Breach of Partnership Agreement +2 more

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Parties

Islam Hameed

Claimant

Charles Packe

First Defendant

Ahsan Hameed

Second Defendant

Procedural Posture

Civil Partnership Dissolution and Accounting / Judgment After Trial

Legal Issues

  1. 1 Whether AC Properties partnership was dissolved in 2007 and on what terms
  2. 2 Whether the Disputed Document reflected an agreed final distribution of assets
  3. 3 Whether Ahsan Hameed had authority to bind Islam Hameed

Ratio Decidendi

AC Properties was dissolved in 2007, but the Disputed Document did not allocate Church Road entirely to Mr Packe; those assets remained partnership property to be accounted for between Mr Packe and Mr Hameed on a 2:1 basis. The profit sharing ratio in Apsley Road was 50:50, and there was no breach by Mr Hameed. Mr Packe bears primary responsibility for partnership accounting and cannot insist on further documentation from Mr Hameed. Mr Packe is not entitled to mortgage brokerage fees. Specific findings were made on the accounting for property transactions and partnership expenses.

Court Disposition

Judgment for the Claimant in substantial part; directions for accounting and distribution of partnership assets as specified.

Orders

  • AC Properties dissolved in 2007; Church Road to be accounted for between Mr Packe and Mr Hameed on a 2:1 basis.
  • No further account required from Mr Hameed for sums paid to Emertons or himself.