Hameed v Packe & Anor [2018] EWHC 3061 (Ch) (15 November 2018)

Hameed v Packe & Anor [2018] EWHC 3061 (Ch) (15 November 2018)

AC Properties was dissolved in 2007, with Ahsan Hameed exiting on the terms reflected in the Disputed Document as to his share, but Islam Hameed did not agree to the allocation of Church Road properties to Charles Packe; those assets remain partnership property to be accounted for between Packe and Hameed. The profit-sharing ratio in Apsley Road was 50:50, and Packe is not entitled to mortgage brokerage fees. Both parties bear responsibility for poor accounting, but primary responsibility lies with Packe, who must fully account for partnership assets and benefits derived, including from Church Road and related developments.

Citation
[2018] EWHC 3061 (Ch)
Parties
Claimant: Islam Hameed; First Defendant: Charles Packe; Second Defendant: Ahsan Hameed
Jurisdiction
England and Wales
Judgment Date
15 November 2018
Procedural Posture
Partnership Dissolution and Accounting Dispute / Post Trial Judgment
Outcome
Declarations and directions granted; accounting ordered; claims for brokerage fees dismissed; profit-sharing ratio determined as 50:50; Church Road assets to be accounted for as partnership property.
Legal Topics
Dissolution of Partnership, Accounting Between Partners, Authority of Partners, Distribution of Partnership Assets, Profit Sharing Ratios, Obligation to Account, Remuneration of Partners
Partnership Law Property Law Equity Dissolution of Partnership Accounting Between Partners Authority of Partners Distribution of Partnership Assets Profit Sharing Ratios +2 more

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Parties

Islam Hameed

Claimant

Charles Packe

First Defendant

Ahsan Hameed

Second Defendant

Procedural Posture

Partnership Dissolution and Accounting Dispute / Post Trial Judgment

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 dissolution and asset distribution
  3. 3 Whether Ahsan Hameed had authority to bind Islam Hameed

Ratio Decidendi

AC Properties was dissolved in 2007, with Ahsan Hameed exiting on the terms reflected in the Disputed Document as to his share, but Islam Hameed did not agree to the allocation of Church Road properties to Charles Packe; those assets remain partnership property to be accounted for between Packe and Hameed. The profit-sharing ratio in Apsley Road was 50:50, and Packe is not entitled to mortgage brokerage fees. Both parties bear responsibility for poor accounting, but primary responsibility lies with Packe, who must fully account for partnership assets and benefits derived, including from Church Road and related developments.

Court Disposition

Declarations and directions granted; accounting ordered; claims for brokerage fees dismissed; profit-sharing ratio determined as 50:50; Church Road assets to be accounted for as partnership property.

Orders

  • AC Properties declared dissolved in 2007; Ahsan Hameed's exit terms as per Disputed Document except for Church Road.
  • Charles Packe to account for all benefits derived from 279 and 281 Church Road and related land, including developments.