Boghani v Nathoo
It is not necessary for the dissolved partnership to complete the hotel developments in order to wind up its affairs; sale of the developments is permissible and preferable, as completion is not required by s.38 Partnership Act 1890.
- Parties
- Claimant: Shiraz Boghani; Defendant: Bashir Nathoo
- Jurisdiction
- England and Wales
- Judgment Date
- 02 August 2011
- Procedural Posture
- Civil / Judgment
- Outcome
- Applications of both parties dismissed in part; order for sale of developments granted with independent solicitors to conduct sale.
- Legal Topics
- Dissolution of Partnership, Winding Up Affairs, Obligations to Third Parties, Sale of Partnership Assets
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shiraz Boghani
Claimant
Bashir Nathoo
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the partnership was obliged to complete hotel developments before dissolution
- 2 Whether the developments are transactions begun but unfinished under s.38 Partnership Act 1890
- 3 Whether completion of developments is necessary to wind up the partnership's affairs
Ratio Decidendi
It is not necessary for the dissolved partnership to complete the hotel developments in order to wind up its affairs; sale of the developments is permissible and preferable, as completion is not required by s.38 Partnership Act 1890.
Court Disposition
Applications of both parties dismissed in part; order for sale of developments granted with independent solicitors to conduct sale.
Orders
- Sale of ICH and Hilton developments to be conducted by independent solicitors agreed by both parties or nominated by the Master.
- Both parties granted liberty to apply to the Master.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment