Malik v Hussain Jr & Ors [2020] EWHC 2334 (Ch) (28 August 2020)

Malik v Hussain Jr & Ors [2020] EWHC 2334 (Ch) (28 August 2020)

There was a partnership between Tariq and Mahboob in relation to the Stockport Road property and business, and their shares in the Stockport Road company are partnership property. Nusrat and Mirza hold their shares as legal and beneficial owners. The Nawaab partnership should be dissolved and wound up. The unfair prejudice petition fails and is dismissed.

Citation
[2020] EWHC 2334 (Ch)
Parties
Claimant/petitioner: Tariq Mahmood Malik; First Defendant/respondent: Mahboob Hussain Junior; Second Defendant/respondent: RN Restaurant (Stockport) Limited; Third Defendant/respondent: Nusrat Tariq; Fourth Defendant/respondent: Mirza Begum; Fifth Defendant/respondent: Asad Ali Malik; Sixth Defendant/respondent: Usman Hussain Malik
Jurisdiction
England and Wales
Judgment Date
28 August 2020
Procedural Posture
Part 7 Claim and S.994 Companies Act 2006 Petition / Post Trial Judgment
Outcome
Partnership declared and ordered to be dissolved and wound up; unfair prejudice petition dismissed.
Legal Topics
Existence and Dissolution of Partnership, Partnership Property, Resulting Trust, Unfair Prejudice (s.994 Companies Act 2006), Shareholder Rights, Fiduciary Duties, Winding Up of Partnership
Partnership Law Company Law Equity Existence and Dissolution of Partnership Partnership Property Resulting Trust Unfair Prejudice (s.994 Companies Act 2006) Shareholder Rights +2 more

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Parties

Tariq Mahmood Malik

Claimant/petitioner

Mahboob Hussain Junior

First Defendant/respondent

RN Restaurant (Stockport) Limited

Second Defendant/respondent

Nusrat Tariq

Third Defendant/respondent

Mirza Begum

Fourth Defendant/respondent

Asad Ali Malik

Fifth Defendant/respondent

Usman Hussain Malik

Sixth Defendant/respondent

Procedural Posture

Part 7 Claim and S.994 Companies Act 2006 Petition / Post Trial Judgment

Legal Issues

  1. 1 Whether a partnership existed between Tariq and Mahboob in relation to the Stockport Road property and business
  2. 2 Whether shares in RN Restaurant (Stockport) Limited are partnership property
  3. 3 Whether Nusrat and Mirza hold their shares as beneficial owners or on trust

Ratio Decidendi

There was a partnership between Tariq and Mahboob in relation to the Stockport Road property and business, and their shares in the Stockport Road company are partnership property. Nusrat and Mirza hold their shares as legal and beneficial owners. The Nawaab partnership should be dissolved and wound up. The unfair prejudice petition fails and is dismissed.

Court Disposition

Partnership declared and ordered to be dissolved and wound up; unfair prejudice petition dismissed.

Orders

  • Declaration of partnership between Tariq and Mahboob in relation to Stockport Road property and business
  • Declaration that Tariq and Mahboob's shares in RN Restaurant (Stockport) Limited are partnership property