TAM CHO AND OTHERS v. LO HOI KUN AND ANOTHER

TAM CHO AND OTHERS v. LO HOI KUN AND ANOTHER

The court found a triable issue on the legal effect of the partner's death but concluded the balance of convenience favored the defendants because there was no evidence of asset dissipation, defendants produced accounts showing improvement and other partners supported continuation; therefore interim receivership and other orders were refused and the application dismissed.

Citation
TAM CHO AND OTHERS v. LO HOI KUN AND ANOTHER
Parties
1st Plaintiff: Tam Cho; 1st Plaintiff: To Yeung; 2nd Plaintiff: Cheung Shuet Chau; 1st Defendant: Lo Hoi Kun; 2nd Defendant: Hui Hon Man alias Hui Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1984
Case Number
HCA5797/1984
Procedural Posture
Partnership Dispute; Interlocutory Application for Receivers and Dissolution / Chambers Hearing for Interim Relief (application Dismissed)
Outcome
Application dismissed
Legal Topics
Dissolution of Partnership, Appointment of Receiver, Accounts and Inspection, Business Registration
Source Language
EN
Partnership Law Equity Business Regulation Dissolution of Partnership Appointment of Receiver Accounts and Inspection Business Registration

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Parties

Tam Cho

1st Plaintiff

To Yeung

1st Plaintiff

Cheung Shuet Chau

2nd Plaintiff

Lo Hoi Kun

1st Defendant

Hui Hon Man alias Hui Man

2nd Defendant

Procedural Posture

Partnership Dispute; Interlocutory Application for Receivers and Dissolution / Chambers Hearing for Interim Relief (application Dismissed)

Legal Issues

  1. 1 Whether the partnership was dissolved by the death of a partner
  2. 2 Whether interim receivers and managers should be appointed
  3. 3 Whether the plaintiffs are entitled to an order to cease business and hand over books

Ratio Decidendi

The court found a triable issue on the legal effect of the partner's death but concluded the balance of convenience favored the defendants because there was no evidence of asset dissipation, defendants produced accounts showing improvement and other partners supported continuation; therefore interim receivership and other orders were refused and the application dismissed.

Court Disposition

Application dismissed

Orders

  • Application for receivers and related interim relief dismissed
  • Defendants entitled to costs