Ampalam v Karthik

Ampalam v Karthik

The court found, on a balance of probabilities, that an oral partnership agreement existed between the parties, based on the Claimant's credible evidence and conduct. The Defendant breached the partnership terms by failing to account for profits from the business, lease, and sale of the supermarket premises.

Parties
Claimant: Sivanandan Ampalam; Defendant: Arasaratnam Karthik
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Partnership Formation, Partnership Breach, Oral Agreements, Account of Profits
Commercial Law Partnership Formation Partnership Breach Oral Agreements Account of Profits

Case Brief

Summary, issues, holding and outcome

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Parties

Sivanandan Ampalam

Claimant

Arasaratnam Karthik

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether a partnership existed between the parties
  2. 2 What were the terms of the partnership
  3. 3 Whether there was a breach of partnership terms

Ratio Decidendi

The court found, on a balance of probabilities, that an oral partnership agreement existed between the parties, based on the Claimant's credible evidence and conduct. The Defendant breached the partnership terms by failing to account for profits from the business, lease, and sale of the supermarket premises.

Court Disposition

Judgment for the Claimant

Orders

  • Declaration that a partnership existed between the Claimant and Defendant
  • Terms of partnership as pleaded by the Claimant accepted